ASSIGNMENT PRESENTATION

ISLAMIC CONSTITUTIONAL LAW

UIC2612
Country Background
• Islamic law or Sharia can be understood as a set of principles that are applied among Muslims that play a role as a guidance through their daily lives .Sharia as we know,is derived from the al-Quran
and Sunnah of the Prophet.There are two main branches under the Sharia. The first branch is ibadat (acts of worship) while the second branch is muamalat (human interactions). In the United
Kingdom, Sharia is applied mainly on family law, business and finance. The are no courts in the United Kingdom that adjudicate on Sharia, instead there are council and tribunals that only deal with
famiyly and business disputes, thus there is no need for the implimentation of punishments. Furthermore, these councils can only hold legally-binding negotiation sessions but they cannot overrule
decisions of the United Kingdom court’s as it will contradict the law of the land. The law of Sharia has been infused into the UK Law in two instances- the selling of Halal Meat is allowed in the
Britain and financial products such as mortgages and investments are sharia compliant.[ Mullin, G. (2018). What is Sharia law, how is the Islamic legal system applied in the UK?. [online] The Sun.
Available at: https://www.thesun.co.uk/news/3001087/sharia-law-uk-muslims-islamic-legal-system/ [Accessed 27 Sep. 2018].] However the application of Shariah is scrutinized via the role of
Shariah councils Sharia councils have no legal status and no legal binding authority under civil law. Whilst sharia is a source of guidance for many Muslims, sharia councils have no legal jurisdiction
in England and Wales. Thus if any decisions or recommendations are made by a sharia council that are inconsistent with domestic law (including equality policies such as the Equality Act 2010)
domestic law will prevail. Sharia councils will be acting illegally should they seek to exclude domestic law and although they claim no binding legal authority they do in fact act in a decision making
capacity when dealing with Islamic divorce. Common misconceptions around sharia councils are often perpetuated by the use of incorrect terms such as referring to them as ‘courts’ rather than
councils or to their members as ‘judges’. These terms are used both in media articles but also on occasion by the sharia councils themselves. It is important to note that sharia councils are not
courts and they should not refer to their members as judges. It is this misrepresentation of sharia councils as courts that leads to public misconceptions over the primacy of sharia over domestic
law and concerns of a parallel legal system. Sharia councils are diverse and there is no single authoritative definition of what constitutes a sharia council. Those in England and Wales vary in size,
services offered and schools of Islamic thought, but were all established to service the religious needs primarily of Sunni Muslims. For the purposes of this assignment we are defining sharia
councils as a voluntary local association of scholars who see themselves or are seen by their communities as authorised to offer advice to Muslims principally in the field of religious marriage and
divorce.

• Sharia councils are not the only groups dealing with Muslim divorces. The MAT (The Muslim Arbitration Tribunal) is a separate entity from sharia councils which has existed since the early 2000s
and operates under the Arbitration Act 1996 to provide binding arbitration services for commercial issues. Decisions at the MAT can be enforced through the formal courts on the basis the
contract meets certain standards and it does not prescribe any activities which would contravene the law of England and Wales. In order to enforce a decision legally it must be reviewed by a
legally qualified judge. The MAT received media attention when evidence was published that indicated that it may exceed its mandate by arbitrating issues outside of their commercial jurisdiction
such as arrangements for children and domestic violence.1 This review visited the MAT and heard evidence about its practices and the differences between itself and sharia councils. The MAT
indicated that only 10% of its workload was concerned with family matters; of that 70% was the granting of Islamic divorces. The vast majority of their work is commercial arbitration. However, the
overwhelming majority of people seeking divorce are going to sharia councils rather than the MAT.

• Thus, we can deduce the applicability of Sharia or Islamic principles in the United Kingdom can be best seen through the presence and exercise of the Shariah council in setlling disputes concerning
family and business amongst the Muslims there. Nonetheless, this form of councils are, at this moment, subjected to criticisms such as these platforms are regarded as a channel towards the
Islamification of the United Kingdom and women who approach these councils are denied from been given a divorce as they seek freedom from abusive husbands.
Demography
• Islam is regarded as the second largest religion in the United Kingdom.
According to the United Kingdom Census of 2011, the population of Muslim
in the United Kingdom stands at 2,786,635 which makes up 4.4% of the total
population in the United Kingdom. It was also reported that almost 100,00 has
converted to Islam. Between 2001 and 2009 , Islam is the fastest growing
religion in the United Kingdom.
• The next question will be how did Islam appear or expanded in the United
Kingdom. It all began with the Industrial Revolution where Bengalis who
hailed from Bengal (now Bangladesh and West Bengal) which was a Mughal
Province constituting a Muslim majority and a Hindu minority came in in huge
numbers as sailors who worked with the East India Company and British ships.
A number of the decided to settle down and marry local wives. Thus early
settlements of Muslims can be found at the ports. Mass migration of Muslim
kick started after World War II due to labour shortages and post-war
destruction. They were used as laborers to rebuild the country.
Political Ideology in the United Kingdom
• The United Kingdom is a unitary state that has parliamentary framework and a constitutional monarch with the Queen Elizabeth II being the head of the state and
the Prime Minister being the head of the government. There are two main political ideologies in the united kingdom i .e: conservative and liberalism.
• Conservatives have a general preference for the existing order of society and an opposition to most efforts to bring about rapid or fundamental change. In contrast
to liberals, conservatives want to enhance individual liberty by keeping government small, except in the area of national defense. Conservatives maintain that
people need strong leadership institutions, firm laws, and strict moral codes. Conservative ideologies most often base their claims on the teachings of religion and
traditional morality and tend to downplay rational social theories propounded by secular philosophers, economists, and other intellectuals. They also prefer
eliminating abortion, affirmative action programs, and labor unions. More extreme conservative ideologies accept all (or nearly all) of society’s inequalities of
wealth, status, and privilege, often supporting a return to an earlier, more inegalitarian, and hierarchical political-economic order.
• Liberalism is a political ideology that, at its core, denounces economic and social inequality. Equality of opportunity is viewed by liberals as essential, and to
achieve that end, they believe that discriminatory practices must be eliminated and that the impact of great equalities of wealth needs to be lessened. Liberals
usually advocate vigorous public policies to reduce or eliminate these inequalities. They see government as the means to make this possible, while also preserving
civil liberties/rights, and progressive values. Liberals believe that public policy should be egalitarian and that it is the government’s responsibility to ensure ALL
citizens have access to affordable health care, quality education, a clean environment, and social safety net programs. They also generally believe in affirmative
action programs, workers’ health and safety protections, progressive taxation, and unions’ rights to organize and strike

• Islamic principles on the other hand do not come at a meeting point with the above two ideologies. Islamic constitution is based on faith in God and His attributes.
It regulates the relationship between the individual and the Creator in all sphere of human life; the belief, moral, legal as well as politics. A State shall become
Islamic only when it recognises in clear term the political and legal sovereignty of God and abide by His Ordain and Commandments. Hence, the authority of giving
commands and the title to sovereignty is the sole prerogative of God. He is the only Sovereign and Ruler. The sovereignty of God is not merely on theological aspect
but also in legal and political matters.
Economic System
• Economic system in Islamic state is based on Islamic principles thus is different from economic system of United Kingdom which does not follow the Islamic principles. Under economic system
there are inheritance, wills and taxes. Inheritance is a process where the property of a deceased is transfer to the next of kin. According to Merriam-Webster, inheritance is defined as the act of
inheriting property.
• In Islam the Quran and the Sunnah have provided rules to follow regarding inheritance. The rules regulating inheritance in Islam are based on the principles that property own by the deceased
should be handed down on those who by reason of marital relations have the strongest claim to be benefited by it. In other words, the property shall be inherited by the surviving spouse. If there
is no surviving spouse, the property will go to the surviving children. The main idea is that the property will go to those who are blood related.
• The Quran in 4:7[ Surah an Nisa 4:7] provide that a man and woman has legal share of what is left by their parents for the purpose of inheritance. In this verse, the Quran provide the people with
legal shares as to allow them to receive the property from their parents by inheritance. In other words, inheritance in Islam is highly encouraged.
• In Quran 4:11[ Surah an Nisa 4:11], the amount of shares has been laid down for inheritance. The share of a male child is the shares of two female. But if there is only daughter, she will have half of
the estate and if two or more daughters then they will share two third of the estate. This verse also provides the shares of the parents where the parents will receive a sixth of the estate if he has
children and a third to his mother if he has no children.
• In Quran 4:12[ Surah an Nisa 4:12] provide the shares of husband and wife. The husband will get half of the estate if they have no child and a quarter if there are children. Whereas the wife will get
a quarter of the estate if they have no children and one eighth of the estate if there is children. This is the shares that Allah has allowed and it shall be followed strictly.
• Will is a legal document where an individual transfer his or her property to another upon death. The individual that transfer the property is known as the testator and the receiver of the property is
known as the beneficiary as the receiver is going to benefit from the property.
• In Islam, a will can be made orally or written and is said to help others as such it can be said as an obligation for Muslims to leave a will as it is highly encourage. In a Hadith narrated by Abdullah bin
Umar, stated that it is not allow for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.[ Sahih al Bukhari] This
means that Muslims have an obligation to create a will which bequeath the property to another before his death. In Islam the beneficiary of the will must not be the legal heir. This is to ensure that
others get a share and benefit from it as it is better to leave them rich than to leave them poor. However, a legal heir having legal share in inheritance could benefit through a will if others heir has
consented. Just like inheritance, the beneficiary also has a fixed share that they are able to receive. In a Hadith narrated by Sad bin Abu Waqqas, where the Prophet allows him to will one third of
his property to his daughter as even one third is too much.[ Ibid ] For a will to be valid there must be two witnesses present during the declaration of the will. If a written will does not have
witnesses during the declaration it will be valid if it has the handwriting or the signature of the testator.
• Taxes are also provided in the Quranic text. Tax is a mandatory financial charge imposed upon a taxpayer by a governmental organization in order to fund public expenditures. In Islam, zakat is an
obligation on Muslim to pay in order to relief the poor. In Quran 9:60 stating that zakat are only for the poor and the needy and it is an obligation imposed by Allah.[ Surah Al Tawbah 9:60] It is
treated as a form of alms-giving and a religious obligation. As zakat are only for the poor and needy, it can be said that zakat is only imposed on individual who has surplus of wealth after deducting
the liability. If an individual wealth exceeds the minimum value of 20 dinar or 200 dirhams, the individual has to pay zakat. Muslim has to contribute 2.5% of their excess wealth to pay zakat.
contd....
• In Islam taxes is consider as prohibited and is different from zakat as it is based on man-made system whereas zakat is divinely ordained by Allah. However, in
certain circumstances taxes may impose on the people. Firstly, it should be imposed fairly so that no one should be burdened with it and only imposed on the
wealthy according to his wealth. Secondly, the baitualmal known as the state treasury should be empty. If the state is rich in resources, the state would not be
allowed to impose tax on the people. Thirdly, there must be an exception cases to ward off harm and the tax should not continue to be imposed after the harm is
relief. Fourthly, the tax collected has to be spent in the real interest of the people. This means that if the tax collected would not be spent for the benefit of the
people, the people does not have to pay tax as it will further burdened them.
• In United Kingdom, movable property and immovable property are governed by different inheritance laws. Movable property is governed by the law of the
testator’s domicile at the time of his or her death. This means that the law applicable is the law where the testator resides on a permanent or indefinite basis. As
for immovable property, it is governed by lex situs that is the law of the land.
• Similarly, inheritance in UK is same as in Islam where it is only limited to close families. What is different is that the share one can receive. In UK the property will be
inherited by the surviving spouse where the amount is set at the first 250,000 pounds. If the property is less than 250,000 pounds then the surviving children will
not be able to inherit anything. The first 250,000 pounds is also applied to civil partners where they are still married. When a person dies, leaving children and
spouse, the surviving spouse will inherit the first 250,000 pounds and the rest of the property will be inherit by the surviving children with equal share. This is
different from Islam as Islam provided the surviving spouse and surviving children with legal shares. This means if a person dies intestate, the surviving children and
the surviving spouse will get a share that has been prescribed in the Quran. But in the UK, if the wealth is less than 250,000 pounds then only the surviving spouse
can inherit, and if no surviving spouse then the surviving children will inherit.
• Will is UK is governed by the Wills Act 1837. This legislation confirms the power of every adult to dispose of their wealth. Section 9 of the Act provides the
formalities of a valid will.[ Wills Act 1837 s. 9] The will is required to be in written form. This is to prevent any disputes after the death of the testator. Secondly, the
testator must have a signature in the will to prove that he has the intention to execute the will. Lastly, there shall be two witnesses who are able to confirm that the
signature belong to the testator. All these three condition must be satisfied for a valid will.
• In UK the tax system includes income tax, national insurance contributions, and the value added tax (VAT) and corporation tax. Generally, tax system in UK is not
the same as compare to what Islam allow. For example, income tax imposed by the government. Income tax imposed on the people has different rates. This is
based on the income earn by individual hence if an individual earn more, he or she required to pay a higher rate of tax. Furthermore, the VAT is known in some
countries as the goods and services tax (GST). A product or service increase in value at each stage of the production and distribution. As a result this will affect
every individual regardless of income.
• In short, inheritance, will and taxes based on Islam principles are not applicable in the UK.
Form of Government
• There are several forms of government that were used in the past and present society namely monarchy, democracy, oligarchy, authoritarianism and totalitarianism. Speaking of
form of government accepted in Islam, we have to look at the Quranic text which is the divine revelation by Allah.
• In Quran 4:59, Allah said that
• “O you who have believed, obey Allah and the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if
you should believe in Allah and the Last Day. That is the best way and best in result.”[ Surah an Nisa 4:59]
• This verse in the Quran requires that those who believed (Muslim), should obey Allah and His Messenger and those in authority. Furthermore, if any person disagrees over
anything refer it to Allah and His Messenger. This means that is an obligation for Muslim to obey and follow the teaching or principle in the Quran as it is the divine revelation of
Allah. If any disputes arise, Muslims are required to refer it to Allah that is the Quran.
• In Quran 12:40,[ Surah Yusuf 12:40] it is stated that the judgment and authority rest with no other than God alone. He has commanded that you worship none but Him alone. And
in Quran 7:54[ Surah Al A’ araf 7:54]provided that know well that His is the creation and His is the command. These two verses can be interpreted as Allah is the only God and He
commands the Muslim to worship none but Him alone. Moreover, the authority and judgment shall only rest in Allah. This means that the Muslims have to obey and follow
injunction of the divine revelation as Allah is not among them but He leave them the Quran. This can be supported by 7:3 [ Surah Al A’ araf 7:3]of the Quran where Muslims are
required to follow what has been sent down from the Lord and do not follow other than Him. As Muslims are required to follow to rule laid out in the Quran, the form of Islamic
government that Islam accepted is constitutional. In present time, constitutional law is the highest law or supreme law of the land. Since, it is the highest law of the land the
people have the legal obligation to follow the law and not go against it. Hence, it can be said that in Islamic state the sovereignty is to God and all authority is vested on Him alone.
• Islamic state can be defined as state in which organizations, individuals, societies and governments enforce and apply the Shari’ah injunction in their daily life. According to
Muhammad Iqbal, Islamic state is a state which fulfils the fundamental principle of Islam. This means that, a state is an Islamic state when it applies the fundamental principle that
provided in the Quran. This is because not following the fundamental principle of Islam is considered as going against the Islamic principle and thus not Islamic. Sayyid Qutb
opinion of an Islamic state is quite similar to Muhammad Iqbal where he emphasises on the idea of sovereignty. According to him an Islamic state is to be lead by God. This means
that the injunction provided in the Quran shall be apply as it is the divine revelation of God.
• Imam Khomeini states that the state is Islamic when its leaders are Muslim jurist among society. Muslim jurist is individual who studies and researches the Islamic jurisprudence.
So Muslim jurist would be suitable to lead and run an Islamic state as he is well verse with the Principle of Islamic law. The view that the leaders of an Islamic state should be
Muslim jurist can be supported by the fact that after the death of the Prophet (pbuh), the leaders of an Islamic state are very well verse with the teaching of Islam.
• Based on the above jurists’ opinion, it can be said that Islamic state would combine politics with religion as an Islamic state is required to apply the principle of Shari’ah in daily
matters. As stated above the sovereignty is to God or Allah alone. Since He left the people with the Holy Quran which provides the people with guidance in all aspect of life, the
leader of the people shall represent Him and regulates and enforce the principles provided in the Quran.
contd...
• This can be supported by a verses that says
• “He who obeys the Messenger obeys Allah”[ Surah an Nisa 4:80]
• “So take what the Messenger assigns to you, and deny yourselves that which withholds from you.”[ Surah Al Hashr 59:7]
• This means that the Prophet represents Allah as he is the Messenger and when the people obey the Prophet the people obeys Allah. Hence, the people are
required to follow the order of the Prophet. Because of this, the Prophet has the authority to make judgment and decision on disputing matters. Nevertheless, the
authority of legislature is vested upon the Prophet. In Quran 33:36, provides that it is inappropriate for a Believer (Muslim) when a matter has been decided by
Allah and His Messenger to have another option about their decision. This means that, what has been decided in the Quran is absolute and not subject to any
changes. It can be seen that the Prophet has the authority in the charter of Madinah where in any case of any disputes must be referred to Allah and Muhammed.[
Sahifah al Madinah] In short, the form of Islamic government accepted is constitutional in nature where sovereignty is to God alone.
• In UK, the type of government is a constitutional monarchy where the reigning monarch does not make open political decisions.[ Misachi, J. (2017). What Type Of
Government Does The United Kingdom Have?. [online] WorldAtlas. Available at: https://www.worldatlas.com/articles/what-type-of-government-does-the-united-
kingdom-have.html [Accessed 17 Sep. 2018].] In this form of government, the king or queen is the head of state but the power to legislate law is vested in the
legislative bodies known as the Parliament. As the king or queen is the head of state is can be said that the sovereignty is to the king or queen. But in constitutional
monarchy, the constitution is the highest law of the land that has been enacted by the Parliament. According to the rule of law that are accepted by all government
is that no person is above the law. In other words, the power of the monarch in constitutional monarchy is subject to the constitution where it provides the power
and the duties of the monarch.
• As discuss above, the sovereignty in Islam is to God alone but in UK the sovereign is the Queen. Islamic government and the UK government are constitutional in
nature where the former is based on the divine revelation revealed by Allah while the latter is based on law passed by the governmental bodies.[ Al-Islam.org.
(2018). The Form of Islamic Government. [online] Available at: https://www.al-islam.org/islamic-government-governance-of-jurist-imam-khomeini/form-islamic-
government [Accessed 17 Sep. 2018].] Furthermore, as the injunction provided in the Quran is not subject to any changes but in most western countries the
constitutional law can be amended by the government. In conclusion, the UK does not follow the government accepted by Islam.
Principle of United Kingdom's Constitution
• A constitution is the sum of rules and principles that form the highest law of a land. Most of the countries in the world are having a written constitution while
United Kingdom is the rare case where they adopt “unwritten” or uncodified constitution.[ H Barnett, Constitutional And Administrative Law (5th edn, Cavendish
2005).]
• “A statute that is a piece of legislation produced by parliament is generally regarded as a highest form within the British Constitution. The British parliament is said
to be sovereign lawmaker”.[ All Answers ltd, 'Significant constitutional principles in the uk' (Lawteacher.net, September 2018) <https://www.lawteacher.net/free-
law-essays/constitutional-law/significant-constitutional-principles-in-the-uk.php?vref=1> accessed 8 September 2018]
• Is a relatively bold statement that may define the fundamental principle for the United Kingdom Constitution. Such principle nevertheless cannot be find in any
statute but it is a the basic rule of in the United Kingdom common law, and it is the duty of the judiciary to uphold such principle in the light of the constitution.
Professor A.V Dicey once in his book the Law of The Constitution gave the principle of the United Kingdom Constitution as the parliament has “the right to make or
unmake any law whatever and no person or body is recognised by the law of England as having the right to override or set aside the legislation of parliament”.[
ibid]
• Even it might seem as if the United Kingdom parliament may make rules on any matter as they wish, however, such legislation cannot be entrenched the future
parliament and hence prevent any future change on the legislation. Being said so, the parliamentary supremacy of the United Kingdom constitution is still being
limited by the abundance sources of the law in the United Kingdom. For instance, the European Union and the Human Rights Act 1998.
• Whether the principle of United Kingdom constitution remain supreme after all these year will be the main discussion we are having now.
• One of the challenge towards the parliamentary supremacy in United Kingdom is the enactment of the Human Rights Act 1998. The Human Rights Act is a Treaty
that came in force in around year 1980. United Kingdom has to acknowledge and ratify it through the enforcement of the European Court of Human Rights. The
intersection of the Human Rights Act and the principle of parliamentary supremacy can be shown in the s.3 of the Act where it clearly stated that the courts,
whenever possible must attempt to interpret, so to conform with the conventional rights. Even it do not prevent the court from being incline towards the
legislature that being enact by the parliament, however, the parliament still have the supremacy to legislate even such legislature might be in contrary to the
conventional rights. The s.4 of Human Rights Act suggest the court to have the power to declare the legislation to be incompatible with the conventional rights.
Regardless of how it might sound, the declaration of the incompatibility of the declaration is merely political than legal as it is still the parliament whom being
granted the final decision to amend the legislature after being declare as incompatible to the conventional rights.
contd....
• Taking into account the argument above, whether or not the parliamentary supremacy in United
Kingdom may be removed can be shown in the argument of Professor Ian Loveland:
• “...For the UK courts to deny our modern Parliament the power either expressly to breach EC law,
or to leave the Commuity altogether, would not therefore be to challenge the sovereignty of
Parliament but to restore its original purpose. A revolution perhaps—but in the sense of turning a
full circle rather than embarking on a wholly new and uncharted political adventure.”
• Based on the analyses and arguments above, it is pretty sure that it would be extremely hard for
parliamentary supremacy in United Kingdom being undermined by their plurality of law. Without
the express consent or wishes from the parliament, the parliamentary supremacy in United
Kingdom can never be challenge because at the end of the day final answer is vested in the hand
of parliament. The parliament can remove the Human rights acts from their constitution as it was
their decision to introduce it.
contd...
• Although it might seem the constitutional Statue is limiting the
powers of parliament, the parliament in their system still remains
supreme. Even if at all it is possible for the plurality of laws taking
consideration of the Statues, judicial precedent or even the European
Union to take over the parliamentary supremacy, such move cannot
be considered as a advisable move. The democratic parliamentary
supremacy that had been up and running for all these time had made
United Kingdom a relatively progressive government and going
against it would be unconventional.
contd.....
• A constitution is the fundamental and basic law of land. It consist of all area of law and it create the basic organ of the state. A constitution would define the power
of the state and limit it at the same time while describe the relationship of the state with the citizen. Islamic constitutional law consists of all the norms and
regulations extracted from several sources. These source include Al-Quran, Al-Hadith, Ijma’ and Ijtihad.
• The principles of the Islamic constitutional law can be seen and extracted from their respective source, but the most fundamental basic of the Islamic law is that
the sovereignty is only to God (Allah). The faith in God and His attributes form the islamic constitution and such faith will form the relationship between the
believer and the Allah in all forms. A state may only being considered as an Islamic state when it submit to the God and abide His ordain and Commandments.
• In Islamic constitution, the judgment and authority rest with none but God alone: the God commanded you to worship none but Him alone. This is the
upright,ever-true Religion, but most people do not know.[ Surah Yusuf 12:40] Islamic constitution had stressed on the true path and religion several time through
the divine revelation and through the Al-Hadith of Prophet Muhammad (Pbuh).
• Such principle is different from the secular constitution as most of the ordinary constitution had always neglect the relationship between the man and the Creator.
Under the secular constitution, they will separate the teaching of religion from the politics. For the United Kingdom, parliament is considered as supreme as
oppose to the teaching of Islamic principle. The law will take into consideration mostly on the public interest before take religion into the account.
• The parliament supremacy had made the United Kingdom parliament has the final say in enacting the law of the land. This might not be the similar case with the
Islamic constitution as in Islamic teaching, the state is being regarded as subservience to and enforcer of the divine revelations. As the divine revelation had been
sent down to the people, the believer need to follow what has been sent down to them from the Lord, they are not allow to follow guardians other than Him.[
Surah Al’-Araf 7:3] In the Islamic state, the legal capacity will merely act as the representative of the divine revelations as the primary sources of the constitution of
an Islamic state is the Al-Quran and Al-Hadith.
• The law being made in the United Kingdom are the law that being legislate based on the majority of the need of the people and most of the time it will not
conform with the divine revelation. This had give rise to the issue of the amendment of the law being made for the state as the divine revelation are not subject to
change.
• The absolute obedience to the God and His revelation had made His teaching a final rules unless the revelation has been fixed by Him through another revelation.
Throughout the history, there are some instance where the Allah had fixed His commandment through His Messenger, Prophet Muhammad (Pbuh). However, after
the demise of the Prophet Muhammad (Pbuh), the stability and the permanence in the principle and flexibility had been portrayed in the application of the divine
revelation. Thus, it can be said that the Islamic constitution had been formed from the stable principle derived from the Al-Quran and Al-Hadith. All these text of
divine revelation had been carefully recorded and preserved but such revelation contain most of the general idea of the legislation but leave for the jurist the ability
to interpret it. The God command the believer to refer back to the jurist whom He placed His trust with[ Surah Al-Nisa 4:58] in dealing with the matter that is
evolving throughout the ever changing circumstances.