Panel: SHARIA LAW, MODERN LAW AND THE GOAL OF SOCIAL DEVELOPMENT



703.1 - IS INHERITANCE OF POWER IN THE STATE OF QATAR CONSISTENT WITH ISLAMIC SHARIA?

AUTHORS:
Musiime M. (Qatar Centre for Peace and Democracy ~ London ~ United Kingdom)
Text:
The issue of "inheritance of rule" is one of the important issues addressed in Islamic political thought, as it raises questions about how power is transferred from the ruler to his successor, and what the foundations are that govern this transfer. The hereditary rule in Islam deals with the issue of political leadership and is based on a set of principles that vary among the different views of Islamic schools and sects. In this paper, we will discuss the concept of hereditary rule in Islam, the history of this practice, and the most important jurisprudential views in this area. In some Islamic countries, such as State of Qatar, power is inherited within the ruling family based more on political custom than on an explicit religious basis. The Qatari Constitution stipulates that governance is hereditary and is limited to male descendants of Hamad bin Khalifa Al Thani, which often causes controversy over the legality of this system. Although some countries in Islamic history have adopted hereditary rule in certain periods, Islam, in its essence, emphasizes consultation and equality among Muslims in determining who is responsible for the affairs of the nation. Therefore, the idea of "inheritance of rule" as we see it in modern monarchies is not part of Islamic law and there is no evidence from the Qur'an or Sunnah to support it.