Are the separation of powers (legislative, executive, and judicial) and the judicial accountability of the ruler considered among the Islamic principles?
The principles of Islamic governance neither mandate nor prohibit the separation of powers. Rather, they necessitate the establishment of justice and equity and are based on consultation (Shura). In early Islam, the legislative and judicial authorities were combined in the hands of the Caliph. The principle of separation of powers emerged to ensure the state's submission to the law and to confront the absolute power of kings and the church. However, there was no need for this in the Islamic state due to the presence of religious and moral deterrence and the sovereignty of Islamic law (). Some researchers believe that not adopting the principle of separation does not mean the absence of a legal state if the ruling bodies respect their jurisdiction. Moreover, the separation of powers is not truly real in practical reality and may lead to obstruction. The judiciary in Islam is genuinely independent, and the ruler is not permitted to interfere with its judgments. As for the executive authority, it is established by the will and consent of the Muslims. The accountability of the ruler to judicial review is possible in Islam, where the powerful and the weak are treated equally in judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/122251
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 122251
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy