Right to self-determination, democracy and the Shari'ah: an expository study

Abstract:The self-determination right, which is a so-calledthird generation right, and which gained prominence in international law as jus cogensand ergaomnes- as it has been recognized by a large number of international legal instruments and a good number of courts - was broadly used for decolon...

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Main Authors:	Ansari, Abdul Haseeb, Sambo, A.O., Yamusa, Shehu Usman
Format:	Article
Language:	English
Published:	AENSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/27733/ http://irep.iium.edu.my/27733/ http://irep.iium.edu.my/27733/1/AJBAS-_Sp._119-129.pdf

id	iium-27733
recordtype	eprints
spelling	iium-277332012-12-24T03:48:09Z http://irep.iium.edu.my/27733/ Right to self-determination, democracy and the Shari'ah: an expository study Ansari, Abdul Haseeb Sambo, A.O. Yamusa, Shehu Usman K Law (General) Abstract:The self-determination right, which is a so-calledthird generation right, and which gained prominence in international law as jus cogensand ergaomnes- as it has been recognized by a large number of international legal instruments and a good number of courts - was broadly used for decolonization and establishment of a number of sovereign states. In the contemporary world also,it is of great importance for establishing and working of democratic regimes and guaranteeingthe practice of constitutionalism. But this right cannot be invoked to support secessionist movements, except for genuine cases like Palestine and Kashmir. The Shari‘ah principles pertaining to establishment and governance of states based on a constitution made in line with it, i.e. the sovereignty has to be with Allah (s.w.t.), citizens, including non-Muslim citizens, will command various rights and duties, as determined in light of the Qur’an and Sunnah and commanded from time to time by the Khalifa in conformity with them, and there has to be a participatory democracy based on the concept of a Khalifa and a Majlis al-Mushawarah. According to Islam, a regime must uphold the law of Allah (s.w.t.) and must work for the interest of general public (maslahahmursalah). On the contrary, it will not have right to remain in poweragainst the will of Allah. If the government is arbitrary, working against the Islamic tenets, or obliterating the interests of its people,people have the right to revolt against the regime and establish a government of their own choice. In fact, the basic principles pertaining to the right of selfdetermination in international law and the Shari‘ah are co-extensive. But its modus oparendi may differ under the two paradigms. It is for this reason that a democratic set up in Muslim states may be different from that of their Western counterparts. Key words: Right to self-determination, democracy, the Shari‘ah AENSI Publications 2012-11-19 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27733/1/AJBAS-_Sp._119-129.pdf Ansari, Abdul Haseeb and Sambo, A.O. and Yamusa, Shehu Usman (2012) Right to self-determination, democracy and the Shari'ah: an expository study. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 119-129. ISSN 1991-8178 http://www.ajbasweb.com/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ansari, Abdul Haseeb Sambo, A.O. Yamusa, Shehu Usman Right to self-determination, democracy and the Shari'ah: an expository study
description	Abstract:The self-determination right, which is a so-calledthird generation right, and which gained prominence in international law as jus cogensand ergaomnes- as it has been recognized by a large number of international legal instruments and a good number of courts - was broadly used for decolonization and establishment of a number of sovereign states. In the contemporary world also,it is of great importance for establishing and working of democratic regimes and guaranteeingthe practice of constitutionalism. But this right cannot be invoked to support secessionist movements, except for genuine cases like Palestine and Kashmir. The Shari‘ah principles pertaining to establishment and governance of states based on a constitution made in line with it, i.e. the sovereignty has to be with Allah (s.w.t.), citizens, including non-Muslim citizens, will command various rights and duties, as determined in light of the Qur’an and Sunnah and commanded from time to time by the Khalifa in conformity with them, and there has to be a participatory democracy based on the concept of a Khalifa and a Majlis al-Mushawarah. According to Islam, a regime must uphold the law of Allah (s.w.t.) and must work for the interest of general public (maslahahmursalah). On the contrary, it will not have right to remain in poweragainst the will of Allah. If the government is arbitrary, working against the Islamic tenets, or obliterating the interests of its people,people have the right to revolt against the regime and establish a government of their own choice. In fact, the basic principles pertaining to the right of selfdetermination in international law and the Shari‘ah are co-extensive. But its modus oparendi may differ under the two paradigms. It is for this reason that a democratic set up in Muslim states may be different from that of their Western counterparts. Key words: Right to self-determination, democracy, the Shari‘ah
format	Article
author	Ansari, Abdul Haseeb Sambo, A.O. Yamusa, Shehu Usman
author_facet	Ansari, Abdul Haseeb Sambo, A.O. Yamusa, Shehu Usman
author_sort	Ansari, Abdul Haseeb
title	Right to self-determination, democracy and the Shari'ah: an expository study
title_short	Right to self-determination, democracy and the Shari'ah: an expository study
title_full	Right to self-determination, democracy and the Shari'ah: an expository study
title_fullStr	Right to self-determination, democracy and the Shari'ah: an expository study
title_full_unstemmed	Right to self-determination, democracy and the Shari'ah: an expository study
title_sort	right to self-determination, democracy and the shari'ah: an expository study
publisher	AENSI Publications
publishDate	2012
url	http://irep.iium.edu.my/27733/ http://irep.iium.edu.my/27733/ http://irep.iium.edu.my/27733/1/AJBAS-_Sp._119-129.pdf
first_indexed	2023-09-18T20:41:06Z
last_indexed	2023-09-18T20:41:06Z
_version_	1777409371044577280

Right to self-determination, democracy and the Shari'ah: an expository study

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