Islamic Treasures and History

What is the source of Authority? Some might believe it is God, the people or somewhere in between. Quran, The Holy Book of Islam only regulates God’s Legal Limits, an absolute, universal and timeless legal limits. Everything else is decided through legislation made by interested parties. This legislation can be in the form of treaties, constitutions, experts consensus and traditions. Traditions includes Prophet’s and His Companions traditions called Sunnah.

There are at least three forms of government in the modern day Islamic State.

1. Madinah: A form of government pioneered by Prophet Muhammad. Madinah literally means Civil Society. This type depends on treaties or constitutions to formalize Quran as source of Law. This treaties or constitutions does not required to mention Islam nor Quran, see Constitution of Medina (well known as Mithaq-e-Madina)
2. Khalifah: A form of government pioneered by Prophet Muhammad’s successors. Khalifah literally means successor. This type does not requires any written treaties nor constitutions. Quran and Sunnah is sufficient as source of law. The interpretations of those sources are depends on the ruler or experts appointed by the ruler.
3. Imamah: A competing form of government Type against Khilafah, pioneered by the follower of the Fourth Khalifah. His followers believes that he should be the First Khalifah instead. Basically similar to Khilafah system, but the leader should be the descendants of Prophet Muhammad. Imam literally means leader.

Islamic Sacred Law or Sharia is a form of Legislation in the modern day Islamic State. Sharia literally means water source. The interpretation of Sharia depends on the form of government of a particular modern day Islamic State. Experts consensus is sufficients to formalize Sharia in Khilafah or Imamah form of government. Mutual treaties or people referendum is a must to formalize each item in Sharia, in Madinah form of government.

Some experts argue that Madinah is an obsolete form of Government because it is formed while delivery of Quran is not yet completed. But Madinah is de facto most popular form of government in the modern day Islamic States, relatives to the popularity of Khilafah and Imamah form. Until the fall of Ottoman Empire, a single Khilafah Empire rules a wide region between the modern day Spain to the modern day Iraq. These experts wish to form a single Khalifah Empire back again.

This book wishes to discuss legislation on modern day Islamic State. This book will focus on Malaysia, Arab Saudi and Iran as representatives of those three forms of Government. Similar Legislation also implemented in Pakistan, some part of Canada and some part of Indonesia.

Source : Wikipedia.org