Constitutional Action and Effects of a Declaration of Unconstitutionality in the Islamic Legal System

Nayel Musa Alomran, Zayed University

Document Type

Article

Source of Publication

Islamic Quarterly

Publication Date

4-1-2022

Abstract

A constitutional action plays a fundamental role in sustaining democracy in any legal system. Therefore, if the objective of the constitutional action is to prevent the legislative authority from putting forward unconstitutional laws in contemporary countries, then, the wisdom of the constitutional action in the Islamic legal is to deny the rules from wording legislation that contradicts the legitimacy and higher divine rule demanded by Allah (s.w.t.). Before studying constitutional action and effects of a declaration of unconstitutionality in the Islamic legal systems, it is necessary to examine other types of action, to distinguish constitutional action. This paper will review each of them, their definitions and the parties involved, by first studying the action in its general form, analysing the definitions of earlier jurists in the Islamic legal system, and then constitutional action. This paper addresses the effects of a declaration of unconstitutionality in the Islamic legal system. It discusses the binding effects on all state authorities and stuthes the judgment and nature of unconstitutionality and focuses on the absolute conclusiveness of rulings passed in constitutional actions under the Islamic legal system.

ISSN

0021-1842

Publisher

Islamic Cultural Centre, London

Volume

65

Issue

2

First Page

205

Last Page

226

Disciplines

Social and Behavioral Sciences

Keywords

Binding Effect, Constitutional Action, Islamic system, Nature of the Ruling, unconstitutionality

Indexed in Scopus

yes

Open Access

no

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