الأسس الدستورية لتداول السلطة بعقد البيعة : دراسة تحليلية فقهية قانونية

الملخص EN

Any state is built on three constituents without which it cannot survive: people, territory, and political authority.

The third constituent is the most important as it is entitled to carry out the States multi-dimensional functions with a view to arriving at the desired goals.

To do so, the State chooses the political system that actualizes this through constitutional provisions.

As political systems diversify, there is in Islam a contractual foundation which demonstrates the way of authority devolution; it is the homage contract that has its distinctive legal system incorporated in a certain group of specialists known as “the resolution and solution body”.

It is the entity that represents sagacity, science, and knowledge embodied in its representatives who determine specifications of caliphate candidate.

Certain legal effects are associated with the homage contract when adopted by the states' political system.

These effects, inter alia, are: Caliph’s duties, his political and religious responsibilities, in addition to his rights such as obedience and support.

The nation also has the right to trace his doings and conduct until his dismissal.