الدَّولة المـَدَنِيَّة بين الدَّولة في صَدْرِ الإِسلام والدَّولة القانونيّة الحديثة "دراسة مقارنة"
The subject matter of this study remains an issue of debate among intellectual schools and political, religious and legal references. In this context, utilizing legal tools and a historical- analytical-comparative research method, this study seeks to answer the following question: Was the state o...
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| Format: | Thesis |
| Language: | other |
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| Online Access: | https://oarep.usim.edu.my/bitstreams/c56eb0b3-c94b-4b6e-8c4f-a0ac42523b42/download https://oarep.usim.edu.my/bitstreams/3633a738-93bd-4343-b8ee-57fead786b78/download https://oarep.usim.edu.my/bitstreams/39e22c06-dbb1-4323-91c8-66d43ddd6173/download https://oarep.usim.edu.my/bitstreams/14ceafa5-8edb-4b17-b762-04da7919d3c2/download https://oarep.usim.edu.my/bitstreams/b003cc74-a076-4aca-a44d-09632ce92296/download https://oarep.usim.edu.my/bitstreams/099b27b9-1144-49d2-bb61-8669caf1a4a9/download https://oarep.usim.edu.my/bitstreams/36996fed-2993-4847-8895-682109b557dd/download |
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| Summary: | The subject matter of this study remains an issue of debate among intellectual
schools and political, religious and legal references. In this context, utilizing legal tools
and a historical- analytical-comparative research method, this study seeks to answer the
following question: Was the state of al-Madinah al-Munawwarah in the early days of
Islam a religious or a civic one? Hence, this study elaborates on the construct of the
term “Civic State” and on the vocabulary concepts referencing authority such as
Governance, Rule, and Command. The study also explains the concept of “Theocraticreligious
State” and presents the pillars of the Modern Legal-Civic State, its elements
and guarantees of realization, and follows the same methodology for al-Madinah al-
Munawwarah state. A comparison is then conducted between the two forms of state
while referencing supporting verses from the Holy Qur’an, as well as authentic
Hadeeths of Prophet Muhammad (PBUH) and documents of reliable sources from his
time. Among the study’s outcomes is clarifying the position of the state at the onset of
Islam which rejects it being founded on theocratic rule and, instead, adopts human bases
for electing political rulers through “Al-Bay’a” system under a social contract between
the ruler and his people who monitor his performance and hold him accountable to the
same laws. This is in addition to establishing the principle of separation of powers as
deemed fitting that historical period, recognizing rights, protecting freedoms,
committing to equality and consolidating the notion of citizenship. Hence, this study
attempts to contribute towards enriching the legal and Shariah Law literature so as to
enact a convergence that would solve a multitude of arguments on the religious,
political and scientific levels through dismantling the term of the “Civic State”،
clarifying its roots and differences from the theocratic religious state and defining the
concept of “Governance” and its historical transitions. This research study’s
comparative conclusion reaches a striking match between the pillars of the modern
civic state, its components, and guarantees of its realization with that of al-Madinah
state which was established in the early days of Islam. It added additions that were not
enacted in the constitutions, such as the mechanism for enjoining good and forbidding
evil, which is considered an additional guarantee specific to the state of Medina, and
popular oversight added to the oversight authorities.. The study proves that Prophet
Muhammad (PBUH) established a fully legal civic state and drafted a constitution
deemed the first of its kind in what was called Saheefat al-Madinah, forming a
precedent hundreds of centuries ahead of mankind, and who had in no way established
a so-called religious. |
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