INTRODUCTION TO ISLAMIC CONSTITUTIONAL LAW DOCX

Title INTRODUCTION TO ISLAMIC CONSTITUTIONAL LAW
Author Rahat Hasan
Pages 2
File Size 17.9 KB
File Type DOCX
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Summary

CHAPTER 1: INTRODUCTION TO ISLAMIC CONSTITUTIONAL LAW Constitution:  It is a specific documents consist of the most fundamental law in the country. Constitutional law:  Its deals/ concerns with the organization of law in the country. Siyasah Syariah:  To administer / to rule / to govern based on ...


Description

CHAPTER 1: INTRODUCTION TO ISLAMIC CONSTITUTIONAL LAW Constitution: It is a specific documents consist of the most fundamental law in the country. Constitutional law: Its deals/ concerns with the organization of law in the country. Siyasah Syariah: To administer / to rule / to govern based on the Shariah principles. Other terms used "Al Ahkam Al Sultaniayah". The differences between Islamic Constitutional Law and Man Made Law Islamic Constitutional Law Its divine source of law It is permanent law The sovereignty of Allah Man Made Law Not a divine revelation The law is subject to change Sovereignty of the law is human Constitution Narrow Meaning 1. It is a piece of written documents embodied a collection of the fundamental laws of the country. 2. It is a documents that contains the highest law of the land, this law become the source of the other statutory law and any inconsistency between the two would invalidate the latter. 3. It refers to a written document or series of document having a special legal sanctity which set out the framework and the principle functions of the organ of the government within the state and declares the principled by which those organs must operates. Wider / General Meaning 1. It is refers to the whole system of government of the country. 2. A body of the fundamental rules and usage written or unwritten accepted as the basis of the government. 3. It refers to the system of laws, customs / convention which define the composition empowered of the organs of the state and regulate the relations of the various states organs to one and another and to the citizens....


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