A judicial review of political questions under Islamic law
The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be he...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
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IIUM Press
2014
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| Online Access: | http://irep.iium.edu.my/31807/1/A_Judicial_review_of_political_questions.pdf http://irep.iium.edu.my/31807/4/31807_A%20judicial%20review%20of%20political_SCOPUS.pdf |
| _version_ | 1796878171875835904 |
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| author | O. Sambo, Abdulfatai Kadouf, Hunud Abia |
| author_facet | O. Sambo, Abdulfatai Kadouf, Hunud Abia |
| author_sort | O. Sambo, Abdulfatai |
| collection | IIUM |
| description | The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW). The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary. |
| first_indexed | 2024-03-05T23:17:45Z |
| format | Article |
| id | oai:generic.eprints.org:31807 |
| institution | International Islamic University Malaysia |
| language | English English |
| last_indexed | 2024-03-05T23:17:45Z |
| publishDate | 2014 |
| publisher | IIUM Press |
| record_format | dspace |
| spelling | oai:generic.eprints.org:318072017-08-22T01:20:49Z http://irep.iium.edu.my/31807/ A judicial review of political questions under Islamic law O. Sambo, Abdulfatai Kadouf, Hunud Abia KBP Islamic Law The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW). The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary. IIUM Press 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/31807/1/A_Judicial_review_of_political_questions.pdf application/pdf en http://irep.iium.edu.my/31807/4/31807_A%20judicial%20review%20of%20political_SCOPUS.pdf O. Sambo, Abdulfatai and Kadouf, Hunud Abia (2014) A judicial review of political questions under Islamic law. Intellectual Discourse, 22 (1). pp. 33-52. ISSN 0128-4878 E-ISSN 2289-5639 http://journals.iium.edu.my/intdiscourse/index.php/islam/article/view/926/672 |
| spellingShingle | KBP Islamic Law O. Sambo, Abdulfatai Kadouf, Hunud Abia A judicial review of political questions under Islamic law |
| title | A judicial review of political questions under Islamic law |
| title_full | A judicial review of political questions under Islamic law |
| title_fullStr | A judicial review of political questions under Islamic law |
| title_full_unstemmed | A judicial review of political questions under Islamic law |
| title_short | A judicial review of political questions under Islamic law |
| title_sort | judicial review of political questions under islamic law |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/31807/1/A_Judicial_review_of_political_questions.pdf http://irep.iium.edu.my/31807/4/31807_A%20judicial%20review%20of%20political_SCOPUS.pdf |
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