اسلامی ریا ست میں سربراہ مملکت کی استثنائی حیثیت

Immunity status of the Head of State in the Islamic Republic

Abstract

Absolute authority belongs to Allah,who is Omnipotent and Omnipresent,has made Man His viceroy or caliph on earth to uphold the faith and managing the affairs of the world.After Prophet SAWW's migration to Makkah,the last prophet established an Islamic state in Madinah and was nominated as the governor of the first Islamic state. He laid the foundation of an Islamic state on peace, equality, and justice.By his actions he demonstrated and manifested that everyone is equal before law. Being the Head of the State He (SAW) lived a very simple life and never demanded any luxury ,protocol or exemption from law.He taught the same to his companions and they also shadowed their footsteps after him. Unfortunately, in present age Islamic states are not practicing Islamic Law and their heads have forgotten the commandments of Quran and Sunnah.They are enjoying a life of luxury and are busy in making money instead of serving their subjects.They either have made laws against shariah and consider themselves above the state’s law or made such laws which give them immunity or exemption before law.In the Constitution of Pakistan article 248 specially clause II has been eloquently stated that to exempt the head of the state from any kind of criminial proceeding in any court during the term of his office is completely against the soul and principles of Islamic Law.This paper will discuss whether the Head of an Islamic state is above the law or can get any kind of exemption or an immunity from the law in the light of Quran and Sunnah.