الرافدین للحقوق (Jun 2008)

The legitimacy of the Authority and the system of governance in the State A comparative study between human laws and Islamic law

  • Mustafa Salim Al-Najafi,
  • Baydaa Abdul-Jawad Al-Abbasi

DOI
https://doi.org/10.33899/alaw.2008.160533
Journal volume & issue
Vol. 13, no. 36
pp. 73 – 126

Abstract

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Any society that wants to survive and continue must have a higher capacity "authority" dominates the contradictions of its members and their conflicts and differences and be represented by a political entity of this supreme power, and that dominant power is the authority of the ruling state. Power and society have an organic relationship that represents the same thing. It is inconceivable that there should be an authority without society or a society without authority. There is a connection between the group and the authority that makes it act as the head part of the body, working for her and for her in what she believes in. If the authority in society needs a bond that grants it its legitimacy and establishes the basis for its obedience, but the issue raised by research in comparison with Islamic law is who has power and sovereignty in society.

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