Sources of an Islamic Constitution: Quranic and Sunnatic Perspective

Abstract

Source literally means a place from which something comes, or a person or a thing that supplies information or a means of supply.' Legally source means origin or basis or starting point from where the law comes from. In other words, source refers to a Being or Body who ordains law or a thing which contains law. Every discipline has its own sources. Similarly a constitution also has its own sources. Source of constitution means by what law of constitution is come from and framed and which depends on the ideological identity of each constitution. As such, Islamic constitution toO has its own sources." Primarily it refers to Sbari'ab - the Islamic law. It means, a constitution to be Islamic, must be based on Islamic Law or Shari'ab and sources of Islamic Law are primarily al Quran, al Sunnah, ljma, Qiyas etc. What are the sources of Sbari'ab - the Islamic Law, are the sources of Islamic constitution as well - with the addition of conventions of Khulafa ar Rashidun, Farwa or rulings of the Jurists, Constitution of Madina and the Constitution of contemporary Islamic states. This article aims at bringing about the authority on Sbari'ab- the parent body of Islamic Law and some Quranic and Sunnatic provisions in support of all the sources mentioned here so as to prove that al Quran and al Sunnah are not rhetoric but they have practical application to provide the sources of a constitution - the highest law of the land. It is an urgent need to address the issue, because, there are people who demand for the implementation of Islamic constitution as well as formation of Islamic government but many of them are not fullv aware of the law of Islamic constitution in its detail form. I t is hoped that this article would benefit the people who ask for the adoption of Ishimic constitution and Islamic gm-ernment as well as the researchers who want to study more on the topic.