PJIR | Pakistan Journal of Islamic Research - Multan

پاکستان جرنل آف اسلامک ریسرچ

BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN, PAKISTAN
ISSN (print): 2070-0326
ISSN (online): 2618-0820

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

  • Salman Farooq/
  • Zia ud Din/
  • December 31, 2020
Keywords
Sovereign Immunity, Presidential Immunity, king can do no wrong, Islamic law, Rex non Potest Peccare
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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Author(s):

Ph.D Scholar, Department of Shariah, Faculty of Shariah & Law, International Islamic University, Islamabad.

Pakistan

Lecturer, Department of Islamic & Arabic Studies, University of Swat, Khyber Pakhtun Khwa.

Pakistan

  • ziaud_din@hotmail.com

Details:

Type: Article
Volume: 21
Issue: 2
Language: English
Id: 600e7a0a71ebd
Pages 97 - 106
Published December 31, 2020

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