الحرية السياسية في الشريعة الإسلامية :‏‏ دراسة مقارنة بالقانون الدولي / عبد الوهاب مهيوب مرشد عبده عامر

Abstract

This study aims at showing the political and legal aspects of the political freedom and Islamic thought, to compare them with international law based on the true objective criteria, to cover the urgent need in real life and to reconstruct the civilization of the Islamic nation through implementing the divine Islamic law. This research discusses the political freedom in the historical, descriptive, analytical, critical and comparative perspective. It does not only try to find the convergence or divergence of what is stated in Islam and international law but it also studies it in accordance with the legitimate provisions of a legal mechanism comparison. Correct and clear evidence of the Shari`ah are present in al-Qur'an al-Karim, Sunnah and the legislations during the period of the government of the Prophet - peace be upon him - and the caliphs who followed after. The documentation of the constitutional and legal systems is also found in al-Aqabah pledge of allegiance, Medina peace document, Hudaybiyyah reconciliation, the work of the caliphs and the contemporary Islamic declaration projects. A comparison has been made with the global norms of international law, particularly, the provisions of the Universal Declaration of Human Rights in 1948 and the International Covenant on Civil and Political Rights of 1966. The research has sought to confirm the specificity of Islamic law in the perception of political freedom, using active mechanisms in the foundations and applications, different in principle but similar enough not to collide with some modern methods. The research has also dealt with the means of political freedom in the international law and legacy, such as al-sh?r?, democracy, freedom of expression and freedom of partisanship. It has also shown that political freedom is an authentic positive political value that does not accept any amendment, deletion, change, copy or disruption. It constitutes the necessary and natural rights of man. The laws of Islam are all designed to achieve the interests of the people and target participation, acceptance, satisfaction and selection of the best and most useful for the benefit of the individual and society.