القواعد الدستورية في القرآن الكريم

Abstract

This research aims to derive the constitutional rules from the Qur’an by reviewing the books on constitutional laws and constitutions of various countries. Subsequently, it deduces the constitutional rubrics grounded on the traditional as well as modern exegeses and books dealing with the Islamic political system. It also demonstrates the general principles of the constitution expounded in the Quran like political principles, social values and economic integrities. Moreover, it analyses the three powers explained in the Qur’an namely legislative, executive and judiciary, giving special focus to their forms, terms and functions. The research also sheds light on the rights and freedom mentioned in the Qur’an such as personal, moral, political, social and cultural freedom. The current research reflects against all voices which cry for the separation of the Qur’an from political and social life, forwarding the premise that the Qur’an is not appropriate to be used in the current era and does not incorporate the elements of a modern state. The researcher adopted inductive and analytical methods, the former for collecting the Qur’anic verses relevant to the subject and the latter for scrutinising the verses based on the interpretations and researches pertinent to the subject. The present study has proven that the Qur’an has pointed to several constitutional maxims and to certain principles of three branches of powers. In addition, human rights and freedom are divine gifts and protected in the Qur’an. Therefore, the regimes in the Muslim world must make use of the constitutional rules explicated in the Qur’an when drafting their constitutions.