Rule of Law

Laws of shariah manifest the will of Allah and determine the rights and duties of citizen. The legal validity of governmental activities, executive decrees and statutes, is to be judged in the light of shariah in an Islamic state. All stand equal in the eyes of law and none is above law.

Independence of judiciary

Much stress has been laid on the enforcement of justice in Islamic system and for this purpose; specific instructions have been given for maintaining independence and impartially of judges. The is not a single instance in history to prove that the pious Calliphs intervened in judicial decisions.

Fundamental Rights

Islamic introduction the concept of fundamental rights at such a period of backwardness, which was later projected by the western political thinkers. Islam discouraged slavery to preserve fundamental freedoms. This institution was not abolished with a stroke of pen, Islam on the other hand, introduced such devices, values, institutional practices and safeguards as could pave the way of its abolition. Status of women was also enhanced and their respectable position emphasized. They were ensured property rights and due share under law of inheritance.

 

Form of Government

No specific form of government has been prescribed rather underlying basic principles stressed. People have been the option to chalk out their political system according to their contemporary conditions and the actual requirements in accordance with the spirit of Islam. The deliberate avoidance in giving a detailed code and network of rules and regulations regarding Islamic polity by the law-giver indicates the democratic spirit of Islamic system. It will be appropriate to appraise the basic principles of Islamic governmental system as worked out during the early period, instead of identifying it with modern form of government viz., presidential or parliamentary one.