The Doctrine of Sovereign Immunity from the Perspective of Sharī‘Ah

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ID: 311018
2020
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Abstract
Keeping in view the doctrine of Justice in the perspective of Shariah, Islamic law refuses the doctrine of sovereign immunity. The ruler, king or president is considered equal to the public like a common man in the eye of law. The remarkable rule of elimination of the sovereign immunity is applied and first practiced by the Holy Prophet Muhammad (peace be upon him) upon himself as a ruler. The pious caliphs continued practicing the same during their eras due to which the Shariah refused to tolerate this doctrine. All four school of Interpretations of Islamic law are of the opinion that if the Khalifa violates the law of the land, he has to go through the procedure of the court. The Khalifa will be treated in the court as a common man. There are no special privileges for him and if found guilty be sentenced accordingly.
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Authors Zia ud Din
Journal Pakistan Journal of Islamic Research
Year 2020
DOI
DOI not found
URL
https://pjir.bzu.edu.pk/index.php/pjir/article/view/143
Keywords Keywords not found

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