al-Islam wa al-Dustur

al-Islam wa al-Dustur (Islam and the Constitution) is a contemporary study on Islamic constitutional law by the Saudi scholar Tawfiq bin Abd al-Aziz al-Sudayri, examining the principles of constitutional governance in Islamic jurisprudence alongside modern positive law.al-Islam wa al-Dustur+1

Origin and Purpose

The work originated as a master's thesis submitted by the author to the College of Sharia at Imam Muhammad ibn Saud Islamic University in Riyadh in 1407 AH (cited in the bibliography as 1408 AH) under the title al-Dustur fi al-Bilad al-Islamiyyah wa-Mushkilatuh fi Daw' al-Islam (The Constitution in Islamic Countries and Its Problems in Light of Islam).al-Islam wa al-Dustur+1 It was subsequently revised and updated for publication.al-Islam wa al-Dustur

The author's stated objective was to bridge the gap between positive legal theories and Islamic legal thought (al-siyasah al-shar'iyyah), defining the foundational rules of constitutional jurisprudence in Islam and analyzing their historical and contemporary applications.al-Islam wa al-Dustur+1

Structure and Contents

The book is arranged into an introduction and two main parts (abwab):

• Part One: Necessary Definitions (al-Ta'rifat al-Daruriyyah): Serves as a theoretical prelude establishing contemporary positive legal concepts across three chapters:al-Islam wa al-Dustur

  • Chapter 1: Law (al-Qanun) examines the linguistic and technical definitions of law, the societal necessity of legal regulation, and the major divisions and branches of law.al-Islam wa al-Dustur+1
  • Chapter 2: The Constitution (al-Dustur) covers the definition of constitutional law, constitutional typologies, methods of constitutional creation and termination, constitutional sources, and foundational constitutional elements.al-Islam wa al-Dustur+1
  • Chapter 3: The State (al-Dawlah) outlines the definition of the state, its constituent pillars, the relationship between the state and the law, and state classifications.al-Islam wa al-Dustur

• Part Two: The Constitution in Islam (al-Dustur fi al-Islam): Directly investigates the Islamic constitutional framework across two chapters:al-Islam wa al-Dustur

  • Chapter 1: Fundamental Issues in Islamic Constitutionalism addresses the definition of the constitution in Islam, its sources, methods of establishment, and defining characteristics—noting that the Quran and Sunnah form the supreme legal foundation to which any codified or uncodified constitutional norms must adhere.al-Islam wa al-Dustur+1
  • Chapter 2: Constitutional Precedents in Islamic History reviews practical applications across three historical periods: the era of the Prophet ﷺ (including the establishment of the state in Medina and the Pledges of Aqaba), the era of the Rightly Guided Caliphs (al-Khulafa' al-Rashidun), and constitutional developments in later periods, such as the 1861 Tunisian Constitution and the Ottoman constitutional experience.al-Islam wa al-Dustur+2

Methodology

The author employs a historical methodology when charting the development of Islamic governance, an analytical methodology when deducing principles from classical juristic sources, and a comparative approach when juxtaposing Islamic legal rules with positive constitutional law.al-Islam wa al-Dustur The work cross-references Quranic verses and hadiths, alongside references to contemporary legal literature.al-Islam wa al-Dustur+1