Thus, being a secular ruler, provided for the integrity and power of an Islamic state. According to Al-Ghazali faqaha and ulema acts as a connecting link between the sultan and the caliph. This is further explained as interpretation of the Sharia in accordance with historical evidence, and justification of the legality of the caliph appointed by the sultan, and the issuing of legal religious acts (fatawa) representing the functional authority of Sharia. Conclusion His conclusion is that the Caliphate (execution of the Shari'ah) because of its relationship with the Sultanate (coercive power) is required as a result of the objective of the Prophet (the establishment and institutionaliza¬tion of the Shari'ah). Imam Ghazali came to the following conclusion that the secular functions of the caliph should be done by the sultan and religious-ideological by the ulama and fuqaha.
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
Thomas Aquinas have contributed immensely to not only politics but also education. His works have influenced the western cultures and religion. His thoughts on the ideal form of government has been recognized by the Catholic Church and can be applied in various aspects of one’s life. Various Christian leaders have applied the principles, ideas and philosophies of St. Aquinas on the best form of government in various social, economic and political situations. Even non Catholics adopted his principles in their modern life; one such example is Morton Adler who was influenced by St. Thomas’s book ‘Summa Theologica’ that he wanted to convert to a catholic.
(Cleveland & Bunton 8). Religious and socioeconomic factors, along with a period of rivalry and tension between the Byzantine and Sasanians helped Prophet Muhammad propagate Islam and shape a new Arab identity. Religion played a major role in the spread of Islam in the Arabs and the surrounding empires. At the beginning of Islam, the civilized areas of the Middle East were ruled by one of the two competing empires, the western Roman-Byzantine Empire, or the eastern Sasanian Empire of Iran (Cleveland & Bunton 5). Both empires had a great impact on the rise of Islam from the development of Islamic governing practices to the creation of a religious doctrine.
He claimed that the book was against religion as an Islam itself. A similar of the same happened in India, the country Salman Rushdie was born in, the book’s sale and possession was banned as a small minority of Muslims claimed that it hurt their sentiments, and that the government not taking any action against it was going against it Secular policy, thus a religion influenced the operation of a government and its laws, this is precisely why a global charter should be made, in order segregate the two and prevent one disruption the efficient operation of the other. The same was also the cause of the Charlie
As a result of this, the governing elites of the communist party wanted ruling powers to themselves and also to preserve both a secular state and the old soviet order. On the other hand, the Islamic – democratic opposition alliance wanted change through the creation of a democratic state where Muslims could also have a say (Tetsuro, 2010:2). Additionally, there also exist another reason as to why the Tajikistan conflict started. Oliver Roy argued that the main reason for conflict was actually localism where identity was based on region rather than the state (Tetsuro, 2010:3). By the Mid 1980s, the Soviet’s control over Tajikistan had declined which resulted in power struggles amongst the different regions.
4.1 SOVEREIGNTY OF ALLAH: Main basic traits of constitution of Pakistan is that it offers a significant principle that sovereignty belongs to Allah alone. Who has already legislated through the Holy Quran as deduced in the Sunnah. He has given it to state of Pakistan by its people. But it should be implemented within those parameters. Which have been recommended by him, and it should be exercised as a holy belief.
Moreover, Islamic Law also dealing with marriage, property and family. The Majlis Agama Islam, National Fatwa Committee is the Administration of Islamic Law. Islamic Law is only can be implemented to the muslim only and non-muslim are not included. Then, the states have the power to handle the Islamic Law and the State Legislative has the authorithy over the Constitution and procedure of the Syariah Courts. The High Court also cannot interfere the Syariah Court.
The religion was exploited by the state that played a crucial role in the growth of militancy in Pakistan. The seminaries organized on sectarian lines served as hatcheries for sectarian strife and the growing role of religious parties in the country’s politics greatly strengthened the extremism in the country. Sectarian strife has been promoted through the platform from mosques, Imambargahs and especially through Friday sermons. The religious parties in politics have played a key role in providing legitimacy to military rules during which militancy has expanded its domain. Dr. Mohammad Waseem has explained four main categories of Islamic establishments which have greatly influenced the national profile of Pakistan .