مبادئ حقوق الأنسان وفق الفهم الإسلامي و الأمريكي : دراسة موازية

الملخص EN

The research discusses a very important aspect of Islamic legislation which law scholars termed as constitutional law, considering it the father of laws.

Currently, constitutional law study has developed and become associated with political systems; and some universities teach them together as one subject under the title (Constitutional Law & Political Systems).

What have been mentioned in this prelude testifies to the paramount importance of our subject Constitutional theory in Islam, principles and pillars of which were anchored by the prophet Muhammad (peace and blessings of God be upon him) in the first - of - a kind written convention.

The study draws an analogy between religion and state in the modem systems as general, and highlights the fundamental concepts of human rights including the concept of Nation in Islam, social integration, solidarity, prohibition of crime and regarding Sharia an all-encompassing body of divine laws.

The research also sets forth the constitutional principles governing the Islamic State topped by monotheism, justice, equality, freedom and consultation.

The research moreover sets forth the public powers in Islam; which are legislative, executive and judicial, in addition to Islamic constitutional system.

The research stresses the fact that Islam is a comprehensive system that deals with all spheres of life, and it is the only way to establish the long - cherished state that all people dream of, a state where all people are treated in equal footings, a state where rights and obligation are balanced, and despotism and injustice are a thing of the past.

Islam is a system of god's guidance, the last religion which Allah the almighty promised to preserve and guard.