The need of Uniform Islamic Constitution for the Muslim Ummah
A study of Islamic provisions on the
Constitution of selected countries
Md. Abdul Awal Khan
Abstract: Islam is a
complete code of life as stated in the holy Quran (3:19), which is the prime
source of Islamic Constitution. Al-Quran, therefore, regulates the life of a
human being and Constitution for the Muslim Ummah to govern their country.
Hazrat Muhammad (sm) taught the Muslims to maintain, preserve, consolidate and
to strengthen fraternal relations and unity among Muslims which was extended to
the Khulafa-e-Rashedin regime and then Abbasid and Osmania Khilafat. At that
time Muslim states were governed according to the provisions of Al-Quran and
Sunnah. But at present, the Muslim Countries have departed from the Al-Quran
and Sunnah. Muslims Ummah lost its central power with the end of Osmania
Khilafat. Later many Muslim territory became independent one after another but
they imposed more importance on geographical position, language, culture and
history rather than Islam. They included in their Constitution secular,
socialist, capitalist ideology and they touched some Islamic provisions in
their Constitution just to give it Islamic colour. Many Muslim states have
enacted many anti-Islamic provisions in their Constitution too. This article is
aimed at finding and highlighting such provisions and to make a comparison
among selected Constitutions of Muslim states. This article also suggests the
Muslim states to enact uniform Constitution for the Muslim Ummah.
1. Introduction
Every country has its Constitution
but this doesn’t necessarily imply that every country in the world is endowed
with a Constitutional government or the practice of constitutionalism1.
It doesn’t mean that Constitution is unnecessary thing of the state. Every
country must have a Constitution, which is the governing wheel of the state.
Government without a Constitution is power without a right.3 It is
system of law established by a sovereign state for its own guideline.4
It reflects the philosophy, ideality and nature of the country. The nature of
Constitution depends on the very mentality of the lawmakers of a country. It is
the way of life the state has chosen for itself. It is the supreme law of the
state containing the principles upon which the Government is founded,
regulating the division of sovereign powers and directing to what persons each
of these powers is to be confined and the manner in which it is to be
exercised. Constitution is also said as collection of principles according to
which the powers of the governed and the relation between them are adjusted.7
The theme of the Constitution varies from country to country on the basis of
their principles. The nature of the secular and socialist Constitution is quiet
different from Islamic or other religious Constitution.
to be continued . . . .
No comments:
Post a Comment