General principles of the system of government in Islam
Abstract
Islamic law is a comprehensive system of governance that includes legislation, enforcement, and adjudication, and is based on reason, social values, and societal interests. Its adaptability stems from its rational foundation and civilizational goals, making it suitable for application in both Muslim and non-Muslim societies, including non-Muslims and foreigners residing within Islamic lands.
The legal provisions of Islamic law are closely linked to religious belief, emphasizing divine authority and accountability in the afterlife. This intertwining of legal and moral obligations reinforces its moral dimension. Justice Austin’s analytical doctrine is consistent with this perspective, suggesting that laws are authoritative commands that require compliance and rational analysis to adapt to societal changes.
Islamic governance is based on flexible core principles—consultation, justice, equality, and obedience to leadership—allowing for diverse applications across different eras and contexts. The Qur’an does not specify governmental structures or electoral methods but emphasizes core values that are adaptable to societal development.
Islamic law places the public interest first, prohibits corruption, and allows rulers to seize private property for the public good when needed. It also allows the imposition of taxes to meet the needs of society, and links its provisions to the interests of the people, whether immediate or future.
References
2- Ahmed Fathy Sorour, Constitutional Legitimacy and Human Rights
3- Ibn Hazm, Abu Muhammad bin Ahmad bin Saad, Summary of the Heroes of Analogy, Opinion and Approval, edited by Saad Al-Afghani, 1st ed., 1960, Damascus University Press
4- Ibn Al-Azraq, Abu Abdullah, d. 896 AH, Bada’i’ Al-Silk fi Tabai’ Al-Malik, edited by Ali Sami Al-Nashar, 1st ed., 1977, Publications of the Ministry of Information, Baghdad
5- Ibn Taymiyyah, Taqi al-Din Abu al-Abbas, Ahmad Abd al-Halim, Sharia Policy in Reforming the Subjects, 3rd ed., 1955, Cairo
6- Al-Zalmi, Mustafa Ibrahim, Principles of Jurisprudence in its New Fabric, 2nd ed., distributed by the Legal Library, Baghdad.
7- Al-Bayhaqi, The Branches of Faith, Hadith No. 5137
8- Dennis Lloyd, The Idea of Law
9- Sir Thomas Arnold, The Heritage of Islam, translated by George Fathallah, 1st ed., 2012, Aras Printing and Publishing House
10- Sulaiman Al-Tamawi, The Three Authorities
11- Sufi Abu Talib, Principles of the History of Law, 1st ed., 1963, Cairo.
12- Abdul Salam Al-Tarmanini, History of Systems and Laws, 1st ed., 1975, Kuwait University
13- Ali Al-Wardi, Preachers of Sultans, 2nd ed., 2013, Dijlah and Euphrates Publishing House and Library - Beirut, Lebanon
14- Abbas Al-Aboudi, History of Law, 1st ed., 2007, Al-Atik Publisher, Cairo, distributed by the Baghdad Legal Library.
15- Abdul Hamid Metwally, Principles of the System of Government in Islam, 1st ed., 1974, Alexandria printing
16- Ali Muhammad Jaafar, History of Laws and Stages of Islamic Legislation, 1st ed., 1986, University Foundation for Studies, Publishing and Distribution
17- Abdul Razzaq Al-Anbari, The Judicial System in Baghdad in the Abbasid Era
18- Fouad Al-Attar, Political Systems and Constitutional Law
19- Farouk Al-Samarrai, Human Rights in the Holy Quran, 1st ed., 2002, Center for Arab Unity Studies, Beirut.
20- Ibn Qayyim al-Jawziyya, The Ways of Wisdom
21- Mahmoud Naguib Hosni, Islamic Criminal Jurisprudence, 1st ed., 2007, Dar Al Nahda Al Arabiya, Cairo.
22- Muhammad Kamil Laila, Political Systems, 1st ed., 1962, Cairo edition.
23- Muhammad Hussein Fadlallah, A Brief Interpretation Inspired by the Qur’an, Abridged by Muhammad Khalil Tarraf, 2021 edition, and Dar Al-Qamati for Printing, Beirut, Lebanon
24- Muhammad Jawad Mughniyah, The Revealing Interpretation, 4th ed., Dar Al-Anwar - Printing, Publishing, Distribution, Beirut, Lebanon
25- Mustafa Al-Shakaa, Landmarks of Islamic Civilization
26- Al-Balagh Foundation, Islam is the Religion of Humanity, Authoring Committee, 2nd ed., 2006
27- Hashem Al-Hafez, Adam Wahib Al-Nadawi, History of Law, 1st ed., Al-Atik Publisher, Cairo, and distributed by the Baghdad Legal Library
28- Constitution of the Republic of Iraq 2005
Authors
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