SHAFAQNA | by Mohammad Saeid Taheri Moosavi*: Islamic law consists of the Ahkaam (commandments), regulations and rules governing the general and triplet relationship between God, man and society. God’s rights with man, human rights in relation to God (human rights in benefiting from internal and external prophets, i.e. the agent of inner conscience and thought and the numerous prophets who guide man to happiness), human rights towards each other and human rights against their body and organs form the different structure of Islamic law.
These structures are raised in various social issues in all areas that are today divided into public law and private law, including the rights of the political structures of society (which in Islam is based on the “rule of Imamate” according to Shia Muslims and “caliphate” according to the Sunnis and is able to adapt to current conditions in the form of modern political systems in accordance with Islam), the social structure of society (based on Islamic law and ethics), economic law, international law (by inventing new concepts in International relations, such as the prohibition of resorting to war, respect for the borders of Muslim-ruled lands and non-Muslim-ruled lands, the denial of foreigners and believers in other religions, etc.), the civil rights of Society members (property rights), family rights (based on the principle of family rule), Islamic human rights, Islamic environmental law, animal rights, etc. We try to address these issues in two parts and several chapters, according to the following list:
Part One: Public Law in Islam
Part Two: Private Law in Islam
Public law in Islam
Public law is a set of laws, rules and regulations that regulate the relations between the state and the nation (domestic public law) with the aim of establishing order and justice. In public law, the relations of states with each other (international public law) are also studied. In the contemporary era, in this field of law, the fields of constitutional law, administrative law, labor law, criminal law, tax law and court procedures are studied. As far as public law in Islam is concerned, we can speak of Islamic public law within the borders of Dar Al-Islam (the Domain of Islam) those countries where Muslims can practice their religion as the ruling sect), or examine public law in the field of international relations between Muslim-ruled lands and non-Muslim-ruled lands.
The issues of Islamic public law are similarly broad. The theory of government and sovereignty in Islam or the theory of government and Islamic sovereignty, which can also include the general theory of Islam in administrative law, the system of criminal law in Islam which includes the Procedural law in Islam, and finally, the Islamic banking and finance which is considered very important, are considered as the most important issues of Islamic public law, which we will study in the following chapters: Theory of Sovereignty, Islamic State, The Criminal Law System in Islam, Human Rights in Islam, Islamic banking and finance.
* Dr. Mohammad Saeid Taheri Moosavi is a specialist in Public Law and Political Sciences. This article is written for Shafaqna French and translated by Fatemeh Aghaei for Shafaqna English.