The Elements of Constitutional Law in Islamic jurisprudence

Abstract

: This study investigates the relationship between constitutional law and Islamic jurisprudence. When we say that Islam is a complete code of life, it means that Islam leads all aspects and fields of life. Some orientalists including Joseph Schacht, Noel Coulson, AbdullahiAn. Naim and Wail B. Hallaq say that Shariah and modern state cannot co-exist because the base of shariah laws is faith while the base of state laws is authority. There is no any example of codification of constitutional law in Islamic history but this concept has been taken from the West. They believe that Shariah cannot be enacted into law and remain religiously sanctioned normative system.

 In this short essay I shall try to explain that the concept about Islamic Shariah laws is not correct but based on fallacy and delusion. Fifteen hundred years ago, Islam has provided social, moral, family and shariah laws as well as principles of politics and Islamic state.

Its clear insight view is in the pact of Madina. Moreover, in this study essay, it will also be explained that elements of constitutional law are present in Islamic fiqh (Jurisprudence). To prove this point of view, I will mention some of the basic elements of modern constitutional system, and then I will present the origin and examples of these elements in Islamic jurisprudential history. 

So that it may become crystal clear that all major elements of political and constitutional laws are existing in Qur’an, Sunnah and Islamic fiqh.