By: Mohammad Hashim Kamali
“Compared to other themes of Islamic constitutional law, the subject of fundamental rights and liberties has received little attention in the works of the early ulema. When we look, for example, at Kitab al-Ahkam al-Sultaniyyah of Abul Hasan al-Mawardi (d. 450 A.H) or Al-Siyasah al-Shar’iyyah of Ibn Taymiyyah (d. 728 A.H) we find that they address subjects such as the rights of state over the citizen, powers of the state executive and judicial branches, taxation, crimes and punishment, jihad, and hisbah (i.e. commanding good and forbidding evil) but references to the rights of the citizen are scanty and incidental.”
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