The conflict between the treaty and the constitution, between Sharia and law

Authors

  • Dr. Reema Al Qaruty University of Dubai, UAE Author
  • Dr. Samer Abdel Hadi Al Ain University, UAE Author

DOI:

https://doi.org/10.61856/ijhss.v1i2.51

Keywords:

Treaty, Constitution, Conflict, Sharia

Abstract

Abstract: Islamic law came to stop the bloodshed, spread peace between the countries, and call for reconciliation and acceptance of peace. Treaties were an outcome of Islamic law, preserving the rights of all parties to the treaty. The Almighty said: O you who have believed, fulfill the contracts. " (Surah Al-Maida: 1) Islamic law was created to put an end to war, promote international peace, and encourage forgiveness and acceptance of peace. Islamic law produced treaties, which protected the rights of all parties. The Almighty commanded, "O you who have believed, carry out the agreements." (Surah Al-Maida: 1) One of the main goals of Islam is to protect human souls, so it follows that Islam's policy is to protect all people, regardless of their race, religion, or color, and to reject any attempt to do so. As a result, treaties with other nations were enacted in order to protect the interests of the people. We are all involved, so this study is talking about Two cases, the first one is: If the constitution is derived from the Islamic law. The second is if the constitution is derived from the country’s law. In conclusion if the treaty conflict with the constitution which is derived from the Islamic law, it should not be implemented.

 

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Published

07/15/2023 — Updated on 07/19/2023

How to Cite

Al Qaruty , D. R., & Abdel Hadi, D. S. (2023). The conflict between the treaty and the constitution, between Sharia and law. Ijhss, 1(2). https://doi.org/10.61856/ijhss.v1i2.51

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