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- Title
العقد االجتماعي يف القانون الدستوري اإلسالمي وأثره يف العملية السياسية: دراسة حتليلية.
- Authors
Mohammed Hasan, Baidar Mohammed; Ali Mahmoud Edris, Mahmoud Mohammad; El-Bourtiaa, Wuarda
- Abstract
The study aims to discuss the theory of social contract in Islamic constitutionalism and its impact on the political process through analyzing the relationship between the people, the ruler, and constitutional institutions. The study focuses on the value of the theory of the social contract as an Islamic constitutional foundation that creates a balance in the relationship between governing authorities and the people. The study followed a descriptive-analytical approach and arrived at several findings, including that the theory of social contract in Islamic constitutionalism is based on constitutional foundations and principles that contribute to achieving a balance in the relationship between the people and the ruler and regulating governance appropriately. It also preserves the people's constitutional rights in the political process and the constitutional system that organizes the political process, in addition to surpassing the dominance of private groups over the public. The study particularly emphasized the importance of the mutual relationship between the ruler and the people, which forms the basis of the social contract between them, to achieve a balance between civil society groups, governing authorities, and the people. In conclusion, the study serves as a contribution to understanding the theory of the social contract in Islamic constitutionalism and its impact on the political process. It also provided insights into the relationship between the people, the ruler, and governing constitutional institutions.
- Publication
Malaysia Journal Syariah & Law, 2024, Vol 12, Issue 1, p91
- ISSN
1985-7454
- Publication type
Article
- DOI
10.33102/mjsl.vol12no1.472