Nelfi Amiera Mizan

Multimedia University

Compare the Characteristics of Islamic Constitution
With a Secular Constitution








The Islamic Constitution contains of norms and regulations extracted from the sources
of law such as the al-Quran, Hadith, Ijmak and Ijtihad. Obviously, there are various
contradictions of characteristics between the Islamic Constitution and secular constitution.
The first characteristic of Islamic Constitution is the sovereignty only to God. It
regulates the relationship between the individual and the Creator in context of human life. The
constitution must base on faith in God and His attributes. A state shall become Islamic only if it
recognizes political and legal sovereignty of God and follows His command. Thus, only God can
give command and gain the title to sovereignty. This can be referred to Surah Yusuf 12:40
which states He has commanded that you worship not except Him. That is the correct
religion, but most of the people do not know, in Surah al-Furqan 25:2 which states He to
whom belongs the dominion of the heavens and the earth and who has not taken a son and has
not had a partner in dominion and has created each thing and determines its destiny and in
Surag al-Araf 7:54 which states Unquestionably, His is the creation and the command;
blessed is Allah , Lord of the worlds. The characteristic has seen to be implemented in
Bangladesh Constitution where its constitution fulfill this principle as it has pledge that the high
ideals of absolute trust and faith in Allah alone.
In contrast, a secular constitution did not emphasize the relationship between a man and the
Creator besides it tends to separate religion from politics. It also upholds the idea that
sovereignty not to God. According to secular view, Islamic constitution is undemocratic as it
rejects popular sovereignty and upholds sovereignty to God.
Nelfi Amiera Mizan
Multimedia University

Secondly, it upholds the characteristics that divine revelation as the supreme law of the
land. The primary sources of the constitution shall be the Quran and Sunnah. The injunction of
divine revelation must be implemented to those who have the capacity and the state must be
regarded as the enforcer of the revelations. As a divine revelation, no authorities shall take
precedent over it. This characteristic can be referred to Surah al-Araf 7:3 which states what
has been revealed to you from your Lord and do not follow other than Him and a hadith which
states- there is no obedience to creature if it involves disobedience to the Creator. This
characteristic has been implemented in the Saudi and Iran Constitutions where the
governments derives power and makes law based on Quran and Sunnah.
In contrast, the secular constitution is not based on Divine law and usually not in line with
divine law. Moreover, powers originate from the consent of the governed and prerogative of
the rulers. For example, the government is expected to listen to the voice of people and it
makes it accountable to the people not to God.
Thirdly, the injunction of divine revelation is not subject to change. The obedience to
Allah and His divine revelation is an absolute command thus nothing shall replace it as it is fixed
command derived from a set of stable and unchanging principles derived from Quran and
Sunnah. The text of Quran and Sunnah are the most carefully, accurately recorded and
preserved to show stability in the principles but it is flexible in application. Most principles are
general without details application to allow jurist to apply it throughout years. As referred to
Surah al-Ahzab 33:36 which states It is not for a believing man or a believing woman, when
Allah and His Messenger have decided a matter, that they should have any choice about their
affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error,
Surah al-Nisa 4:58 which states - Allah commands you to render trusts to whom they are due
and when you judge between people to judge with justice. Excellent is that which Allah
instructs you. Indeed, Allah is ever Hearing and seeing and a hadith which states a Muslim
must listen to and obey to rulers provided he is not order to commit sin.
In contrast, secular constitution is not stable in principle and not flexible in application .Thus it
is difficult for jurist to be creative and independent in interpretation.
Forth, the authority should be entrusted in the hands of those who are qualified. In
Islam authority is regarded as a sacred trust and should be run in accordance with the divine
law, for benefit of the public. Therefore, authority in Islam is given to qualified and competent
person who may regulate the affairs of the state smoothly and properly. As referred in Surah al-
Nisa 4:58 which states Allah commands you to render trusts to whom they are due and
when you judge between people to judge with justice, a hadith which states your best
leaders are those whom you love and who love you and for whom you pray and who pray for
Nelfi Amiera Mizan
Multimedia University

you, while your worst leaders are those whom you hate and who hate you and whom you curse
and who curse you and another hadith which states by God, we do not assign the affairs of
our government to anyone who aspires for it or is greedy in respect of it.
In contrast, a secular constitution which adopted the modern democracy, elect authority base
on who is capable to cast vote thus, simultaneously capable to be candidate for any office of
the government regardless of his character and competency. The candidates and the voters
equally enjoy the qualification of being elected as there are no additional qualifications or
reservations. This is open to possibility that the appointed person is unqualified and
incompetent person.
Lastly, the purpose of Islamic State is to enjoin the virtue and forbid evil. The Islamic
constitution enjoins the principles, aims, objects and duties of the Islamic state that is to
establish the systems of Salat and Zakat, to propagate and establish those things which are
considered to be virtues by God and His Messenger, and to eradicate those things which have
been declared to be vice by them. An Islamic Constitution must declare the above mentioned
objective. As stated in Surah Al- Haj 22:41 - (Muslims are) those who, if We give them power in
the land, establish the systems of Salat (worship) and Zakat (poor-due) and enjoin virtue and
forbid evil.
In contrast, under a secular constitution, the purpose of state stressed on the concept of public
interest which has two features, first it is strict and worldly character and second it serves the
political life of the government.


1. Prophet be the best example and interpreter of Divine revelation
Prophet is the messenger of Allah thus the state must follow his tradition
No authorities such as executive, legislative or judiciary shall legislate contrary
to sunnah.
Surah al-Nisa 4:80
Surah al-Hashr 59:7
Hadith: whoever followed me, followed God

2. Vicegerency belongs to all Muslims not a particular
All Muslim citizen shall be regarded as a vicegerency, the authority vested by
Allah which is sacred.
The position of state is not sovereign but vicegerent
Nelfi Amiera Mizan
Multimedia University

Based on popular vicegerency
Not limited to person, class or clan
Not hereditary
Saudi: Not Islamic State as it applies kingship
Surah An-Nur 24:55

3. Concept of popular vicegerency in form of mutual consultation
Popular vicegerency forms basis of democracy
Popular vicererency is applied through mutual consultation
Government can only be formed or collective affairs can only be executed with
the consent of all Muslim community of the states and not only a particular
individual
Islam does not fix the modes of consultation and is left to the discretion of
Muslim either by consultative body, direct consultation or representatives.
Surah as-Shura 42:38
Hadith: man who gives a counsel to his brother knowing well that it is not right,
does most surely betray his trust