عصرِ حاضر کے ریاستی آئین سے متعلق رہنما قرآنی مبادیات

Abstract

Constitution is the superior most legal document containing guiding principles for legislation and fundamental laws of the state. It is most reliable source of regulating affairs of state institutions, society and citizens. The Constitution is the most effective vigilance instrument for keeping the discretionary powers of the rulers and holding them responsible and accountable. It is the most authentic guarantee for protection of fundamental human rights. The prescriptive nature of Constitution makes it representative of democratic aspirations of the public, expressed through popular mandate. The holy Quran is the foundational basis of Constitution in a Muslim state, founded to fulfill the aspirations of adherents of Islam. The most prominent Quranic principles for Constitution making include the belief that sovereignty belongs to Allah almighty alone and obedience to the holy Prophet (PBUH) is obligatory in all affairs of the state. The raison d’être of a principled Islamic state, amr bil maroof and nahi anil munkir, is never to be ignored or disregarded. The principles of mutual consultation and coordination, entrustment of key positions to eligible individuals and protection of fundamental human rights are the hallmarks of Constitution. Treaty of Madina in the first Muslim state founded by Prophet Muhammad (PBUH) is the pragmatic manifestation of these divine principles.