The Doctrine Of Separation Of Powers And Its Relationship With The Concept Of Judicial Independence In Islam
Under the separation of powers doctrine, the common understanding is that there should be three branches of government, the legislative branch, the judicial branch and the executive branch. Each branch should be distinct from one another and no branch should exercise power over another branch an...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
2014
|
| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/5024/1/FH02-FUHA-19-31325.pdf http://eprints.unisza.edu.my/5024/ |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | Under the separation of powers doctrine, the common understanding is that
there should be three branches of government, the legislative branch, the
judicial branch and the executive branch. Each branch should be distinct
from one another and no branch should exercise power over another branch
and no individual person should be a member of more than one branch.
Issues relating to the status of the doctrine under the Syari‘ah, whether is it a
must to subscribe to that doctrine and that any failure of any given state or
country to implement the doctrine is necessarily a bad thing in itself and
would vitiate the independence of the judiciary are rarely asked. This paper
discusses the status of the doctrine from the western and Islamic point of
views and then proceeds to relate and define the relationship of the doctrine
with the concept of independence of judiciary in Islam. The study finds the
application of the doctrine is not compulsory and it is not right to say that
failure to implement the doctrine is necessarily a bad thing in itself and
would tarnish the independence of the judiciary. |
|---|