The state's legitimacy, function, and the principle of separation of powers in light of legitimate policy

Abstract

Man is a civilized person by nature, so there must be an authority to organize his affairs, manage his matters, and control his individuals. Thus, the nucleus of the first state in Islam was built, which the Prophet, peace and blessings be upon him, established in Medina. This state was the basis for spreading the Islamic religion and Islamic civilization to extend north, south, east, and west until it reached most parts of the globe.

One of the duties of the state is to manage the affairs of human communities. It is a legal and political system consisting of a people, a territory, and a sultan whose authority extends to include all individuals present within its territory, It is the duty of the state to subject individuals to its authority, while the duty of the ruler is to protect the state from the dangers that threaten it. In this regard, Ibn Khaldun - may God have mercy on him – says: (Know that the sword and the pen are both tools for the ruler of the state, which he uses to help him carry out his affairs. However, the need for the sword at the beginning of the state, as long as its people are preparing their affairs, is greater than the need for the pen).

The state in Islam took a specific form represented by the caliphate, and the jurists discussed the provisions related to it under the name of the sultanic provisions. Islam is not only a religion and worship, but rather a comprehensive system for human life that is concerned with organizing the state and its relationship with individuals and countries. This state was established on the principle of the rulers’ submission to the rule of law, such that its powers are subject to the provisions of Islamic law, and the separation of legislative, executive, and judicial powers is observed.