Abstract
This research is about the effect of text meaning on the constitutional rule that related to the Islamic Sharia principles.The Islamic Sharia principles are the source of legislation in the Arab constitutions. It will also look in the impact of this constitutional rule on organizing the principle of equality among citizens in various fields; equality in front of the law and judicature, and equality in rights and freedoms.In particular, this research highlights how the impact of text on the constitutional rule affects on organizing the equality between Muslim and non-Muslim citizens, also between men and women of Muslim citizens.Thus, this research has been split into four topics that addressed respectively as follows: First, what is Islamic Sharia and Legislation in Islamic Fiqh (doctrine). Second, the semantics of multiple formulations of the Islamic Sharia principle as a source of legislation in the constitution. Third, the principle of equality in both, the Islamic Sharia and the positive law. Finally, the impact of the text on the Islamic Sharia principle of Arab constitutions in organizing the equality principle among citizens. The research concluded with set of results that can be summarized as follows: Every formula that has been used in the constitutional rule of the Islamic Sharia principle in the Arabic countries has a different semantics and results that lead to different obligations in the way of organizing the equality principle in the legislative bodies either in constitution's document or in ordinary laws. Also, the research concluded that the Islamic Sharia as a public principle doesn't conflict with the positive law in recognizing the equality principle among citizens in different fields, but the conflict is in the understanding and application of some fields of equality among citizens in different religions and genders.The researcher came with set of recommendations including clarifying wording of the text that related to the Islamic Sharia principle in the Arab constitution rules. These clarifications should prevent any other interpretations. In addition, the researcher suggested to adopt this formula: the original principles of Islamic Sharia is the main source of legislation. Also, formulations of equality principle among citizens in all its manifestations in the constitutions must be consistent with the original Islamic Sharia principle. Also, all the texts that related to the equality among citizens, and between men and women should included the sentence "with no conflict with the original Islamic Sharia principles".
بشناق, باسم صبحی. (2014) دلالة النص على مبادئ الشريعة الإسلامية في الدساتير العربية وأثره في تنظيم مبدأ المساواة بين المواطنين, Bannu University Research Journal in Islamic Studies, Volume 1, Issue 1.
-
Views
597 -
Downloads
50
Article Details
Volume
Issue
Type
Language
