Islam and the Rule of Law (مقاله علمی وزارت علوم)

چکیده

The rule of law entails that government and the laws it makes serve the public good and facilitates equal opportunities. The requirement that the state conform to the rule of law puts substantial limits on governmental power which serves to protect citizens from arbitrary action or the imposition of unjust laws. The ‘law’ referred to in the rule of law concept is thus not whatever issues from legislatures and courts, but rather ‘a particular kind of restraint on the use of force’ or arbitrary power. It is not an ‘imaginary’ used by the government towards their equally imagined ends and imposed on the people. Likewise, the rule of law is not the sole prerogative of the government but requires the commitment of its citizens to adhere to and uphold the rule of law. Therefore, in rule of law societies corruption is not prevalent and does not impinge on the daily life of the individual. The inception of the rule of law in Islamic societies arose from the fact that God’s Laws were supreme, not the laws made by any man, or group of men, whatever his/their position. Is a return to the rule of Law possible for Muslim societies?