An Analysis of the Concept of Sovereignty between Islamic Law and Western Law

Abstract

The concept of sovereignty is defined as the sole and supreme political power that a state provides over its people living on its territory. The element of sovereignty is one of the building blocks of the state in terms of its importance. With the transition of people to social life, the concept of state and sovereignty has gained greater importance. There is a need for a state institution to ensure the safety of life and property of individuals. Certain principles are needed for the emergence of the state. At the forefront of these principles is the concept of sovereignty. Another issue that should be emphasized in the concept of sovereignty is the phenomenon of the source of sovereignty. The concept of sovereignty is based on different principles in different countries and legal systems. Since the concept of sovereignty in Islamic law is based on a superhuman power, it is defined as divine. Since Islamic law has a universal character, the idea of sovereignty includes a wider scope. In terms of Islamic states, the understanding of sovereignty should be provided according to the principles in the Qur'an. More than one view has been put forward regarding the concept of state in Western law. Some thinkers are described as a community of people who aim for common benefit. Others describe it as the incarnation of the philosopher-king with his wisdom. In relation to the concept of sovereignty, it is defined as the class or person who has the power to rule by the people, holding the authority to order and residence. There are certain differences between the different understandings of sovereignty in these different legal systems. These differences will be evaluated.