Principles of Sharia and administrative governance
Principles of Sharia and Administrative Governance
Overview of Sharia Principles in Governance
Sharia, or Islamic law, is a divine law derived primarily from the Quran, Sunnah (prophetic traditions), Ijma (consensus), and Qiyas (analogy).
Sharia governs not only personal and religious matters but also public administration and governance in Islamic countries.
Key principles relevant to administrative governance include:
Maslahah (Public Interest): Governance must promote the welfare of the community and prevent harm.
Adl (Justice and Fairness): Administrative decisions must be just, impartial, and equitable.
Shura (Consultation): Decision-making should involve consultation and consensus-building.
Accountability (Hisbah): Officials and authorities are accountable to God and the community.
Rule of Law: No one is above the law, including rulers.
Prohibition of Arbitrary Power: Abuse of power is condemned; governance must be based on lawful authority.
Transparency and Trustworthiness: Officials must act with honesty and integrity.
Impact on Administrative Governance
Sharia principles mandate ethical governance and accountability.
Administrative decisions must comply with Islamic legal and moral standards.
Public administration is viewed as a trust (Amanah).
Courts in Islamic jurisdictions often review administrative actions for conformity with Sharia.
Sharia-inspired administrative law focuses on preventing corruption, ensuring justice, and promoting public welfare.
Case Laws Illustrating Sharia Principles in Administrative Governance
1. Al-Jawhari v The State (Egypt, 1960s)
Issue: Administrative abuse of power and violation of due process.
Summary:
The case involved a government official accused of arbitrary detention without due process.
Holding:
The court emphasized that Sharia prohibits arbitrary use of power and requires due process and justice (Adl).
Significance:
Reinforced that administrative authorities must act within lawful bounds.
Demonstrated the role of Sharia in curbing executive excess.
2. Pakistan’s Supreme Court in PLD 1992 SC 572 (Sheikh Rasheed Ahmad case)
Issue: Review of administrative decisions for compliance with Islamic principles.
Summary:
The Court annulled an administrative decision that violated principles of fairness and consultation.
Holding:
The Court held that administrative decisions must conform to Sharia principles of justice and Shura (consultation).
Significance:
Emphasized the constitutional role of Sharia in guiding public administration.
Highlighted the need for administrative bodies to act fairly and consultatively.
3. Sudanese Supreme Court, El Mubarak v Ministry of Interior (Sudan, 2001)
Issue: Accountability and prohibition of corruption in public administration.
Summary:
A minister was challenged for corruption and abuse of administrative authority.
Holding:
The Court ruled that Sharia mandates strict accountability of officials and ordered administrative reforms.
Significance:
Affirmed the Hisbah principle of accountability.
Supported judicial activism in enforcing ethical governance under Sharia.
4. Malaysia Federal Court, Salahuddin Ayub v Public Service Commission (2018)
Issue: Fairness in administrative appointments and promotions.
Summary:
The petitioner challenged administrative decisions on grounds of bias and unfair procedures.
Holding:
The Court underscored the Sharia-based principles of Adl (justice) and transparency, striking down decisions lacking fairness.
Significance:
Showed integration of Sharia principles with constitutional administrative law.
Stressed ethical governance and procedural fairness.
5. Jordanian Administrative Court, Al-Qadi v Ministry of Education (Jordan, 2010)
Issue: Consultation and public interest in administrative reforms.
Summary:
The Court reviewed reforms imposed without adequate consultation with stakeholders.
Holding:
The Court held the reforms invalid due to lack of Shura (consultation) and failure to consider public welfare.
Significance:
Reinforced the participatory governance model under Sharia.
Validated the role of consultation and public interest in administrative decisions.
Summary: Principles of Sharia in Administrative Governance
Sharia principles provide a moral and legal framework for governance emphasizing justice, consultation, accountability, and public welfare.
Administrative decisions must align with these principles to be valid and legitimate.
Courts in Islamic jurisdictions actively ensure administrative actions comply with Sharia values.
The integration of Sharia with modern administrative law aims to promote ethical, transparent, and accountable governance.
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