The Modern State from an Islamic Perspective- The Constitution and the Executive Authority as a Model-

Abstract

Although the concept of the state has evolved considerably since the revelation to the Prophet Muhammad (peace and blessings be upon him and his family) until today, the Islamic religion laid the correct foundations for building a strong and sovereign state that preserves the rights of its people. Among the important foundations clarified by the Islamic system is that the laws in every country must be based on Islamic legislation. This legislation is distinguished by the fact that it is not bound by the limits of time and place and guarantees a happy life for all individuals because it is just legislation that everyone must comply with. This legislation also defined the characteristics of the executive authority concerned with implementing the constitution, as this authority is considered complementary to the constitution. No matter how just the constitution is, we need a just authority to implement it. Therefore, we find great interest from the Islamic system in the constitution and its executive authority.The problem that prompted our research is that many of our contemporary Islamic countries have unfortunately adopted laws that deviate from Islamic jurisprudence. This has resulted in the tyranny of rulers, injustice towards the people, discrimination in the application of rulings, and other negative consequences.The importance of this research lies in explaining the reasons why Islamic law should be the sole basis for any constitution in our time. These reasons include: - The nature of human beings, influenced by desires, which prevents them from independently drafting laws for fear of such laws being influenced by human whims. - The limitations of human intellect; the human mind cannot transcend the boundaries of time and place.- The consideration Islamic law provides for non-Muslims, thus preserving their rights in our time, especially since our Islamic countries now include non-Muslims.- The compatibility of Islamic law with all modern developments, such as communication technologies and artificial intelligence.The importance of this research is further demonstrated by its examination of the qualities Islamic legislation assigns to the executive authority responsible for implementing the constitution, such as faith, justice, strength, and knowledge, as detailed in the law.The research aims to convey a message to those concerned with and responsible for drafting legal legislation, urging them to replace their man-made laws with laws derived from Islamic law. This is an attempt to improve the condition of our Muslim peoples, who have become among the poorest in the world, plagued by corruption and injustice due to these man-made laws.The research has reached a set of results, the most important of which is: adopting Islamic legislation and making it the basis upon which positive laws are based if those countries want to live in security and ensure their sovereign and economic strength; because these Islamic legislations are infallible and are suitable for all people, and that no matter how high a person’s scientific level is, he will not be able to write the law in complete isolation from divine legislation. Because of the nature of man, with which he was created, and his love for good for himself more than for others, in addition to the human mind not knowing all the circumstances that befall peoples, and the human mind being incapable of keeping up with all times and places, unlike Islamic legislations which are suitable for every time and place, and one of the important results is that the executive authority must work within the circle of divine legislation, so it cannot implement rulings outside of those legislations, nor can it add new legislations, so its duty is only to apply the legal resources, so the competent person who is distinguished by many qualities that qualify him to carry out his executive role must be chosen.