Principles of Constitutional State

Separation of powers: Islamic people already knew the principle of separation of power. For example, in the Abbasid caliphate of the XII century there was a separated judiciary and the Caliph was accountable in front of the population.

Responsibility towards the “Parliament”;

Limited state (muqayyid).

Dual sovereignty (hakimiyya tashri’iyya and hakimiyya mutlaqa): sovereignty of God and popular sovereignty (called “legislative”).

Democracy ➔ shura (“consultation”) where the people’s sovereignty is applied: in a broad meaning the shura can be interpreted as the right to vote, in the sense that, in the public context it is given the possibility to people to express their opinion and be consulted.

Protection of rights.

Combating tyranny ➔ 2 ways:
legal action through the Parliament;
armed revolution.
As with the Pharaoh of Egypt, the tyrant should be fought first through the Parliament that emanates laws in the direction of the public welfare (community welfare). In case the legislator overcomes the shari’a, there is the right to revolution.
➔ This is an “Islamically correct” attitude: it is the right to rebel against a tyrant.

Role of the WOMAN in public offices: woman is totally equal to the man ➔ she can reach every position unless this does not contrast with her duties of mother and wife.

b) FAHMI HUWAYDI: 7 principles of the Islamic state:
Islam is based on wilayat al-umma or popular sovereignty.
Responsibility of the governor towards governed.
Freedoms are to be enforced inside the limits of law.
Equality of men.
Non-Muslims are to be protected.
Opposing tyranny.
Rule of law.

Dual sovereignty: GOD and MAN.