Constitutional Law: An Overview of the Islamic Approach and Its Contemporary Relevance

Constitutional law (al-fiqh al-dusturi) is one of the important aspects of shariah. However, it has not been given due elaboration by Muslim jurists and modern scholars, unlike other branches of Islamic law. Its potentials have not been fully explored and developed for the practical purposes in a modern system of government. However, generic studies on Islamic state abound, but very little has been devoted to discuss the principles of Islamic state in relation to constitutional law. This paper is an attempt to examine this dimension, and provide an overview of the Islamic approach to constitutional law, by analyzing some Islamic principles, seen in a contemporary context. Since principles of Islamic state permeate constitutional law, understanding of the former is inevitable; principles of Islamic state can also be regarded as Islamic constitutional principles. This research demonstrates that Islamic constitutional principles, while being faithful to basic tenets of religion, are flexible enough to accommodate the changing needs and varied applications in modern times. This aspect of the law requires further development by both shariah and constitutional experts.