THE INFLUENCE OF ISLAM ON THE FORMATION AND IMPLEMENTATION OF JUDICIAL POWER IN ISLAMIC STATES

Abstract

In Islamic states, massive violation of human rights, sadly, is a well-known topic in the contemporary world. Much research and work has been published in this direction, which underlines the actual situation in Islamic states concerning specific rights. The novelty of the particular work is not in discussing concrete right/rights, but in analyzing Islam's influence on the formation of the judiciary system and then on implementing the judiciary governance. The judiciary system is a fundament, through which the study of the problems of Islamic countries should begin. The article discusses eleven Islamic states and their judiciary systems. While working on the research, the constitutions of all of them were found, particularly the records on the judiciary. The similarities and differences in the countries under examination are separated by the method of comparative analysis. The research aims to show the distinguishing features of a narrow group, particularly in Islamic countries. These distinctive features directly impact the quality of human rights protection in specific countries. The research has shown that the religious affiliation of the population is not the only reason for the influence of Islam on the judicial system. An example is Turkey, in case of which, even though 98% of its population is a follower of Islam, in terms of human rights protection, does not share the conditions of other Islamic countries. The importance of the topic discussed in the article is pressing, as evidenced by the modern protest in the world, which began with the tragic death of a 22-year-old Iranian girl, Mahsa Amin, behind which the judicial system discussed in the article stands. To sum up, the article offers interesting findings on the problematic aspects of the Far and not so Far East.

Keywords: Islamic state, Human rights, Religion, Constitution, Judicial system, Influence

Introduction

The main goal of the law, like other fields, is people. To achieve this goal, it is necessary to perform many tasks, but the goal is one, and that is human and the protection of his/her rights and freedoms. In law, this goal is directly served by the judiciary, therefore, it can be said that the achievement of the primary goal of law in the country directly depends on the activity of the judiciary. As soon as Islamic states are mentioned, a person interested in law may associate, in addition to the undoubtedly beautiful culture of the Far East, many cases when human rights are violated. We remember such famous cases as even the stoning of Soraya or Malala and the modern tragedy of the death of 22-year-old Mahsa Amin and the events that followed. However, these seem to have become mere statistics. How, most important, natural human rights are violated not far from us due to the abundance of such cases is, unfortunately, already a statistic. The great Bernard Shaw says that the death of one person is a tragedy, and the death of more than one person is already a statistic, and the same applies to the violation of rights. The fact is, the problem remains a problem, and the search for the roots of the problem will surely lead us to the judiciary in Islamic states. Of course, the search for the root of the problem of mass violations of human rights should begin with the investigation of the psycho type and mentality of society, but this is a rather difficult mission. It is better to leave the influence of Islam on the judiciary of Islamic states as the goal of this article.

The fact that the main specificity of Islamic states is their religious views is not new. It is precisely on this basis that they are united. However, I would like to make one note here: religious dogmatics may be understood in different ways, and its rough interpretation leads to the formation of wrong ideas about a specific religion, but our current goal is not to reveal the true ideology of the Islamic faith, so we will not touch on religious topics in depth within the article. This article aims to show the influence of Islam on the judiciary in Islamic states such as Iran, Iraq, Afghanistan, Somalia, Saudi Arabia, Kuwait, Yemen, Egypt, Pakistan, Malaysia, Palestine, and Turkey. The majority of the Muslim population unites these states. Although their legislation is significantly similar, there are also differences between them. Our research serves to present and analyze these similarities and differences.

Islam as the Main Source of Legislation

The close connection with Islam in the countries mentioned above is quite obvious, but the constitutional records in which this connection can be seen are interesting. In the majority of the studied countries, Islam is declared as the state religion. However, in some of them, it is mentioned that they respect other religions, but in all cases, it is unnecessary to talk about religious secularism in these countries.

It is an interesting fact that, for example, in the Republic of Somalia, Article 17 of the Constitution guarantees the right of people to choose and follow their religion freely. However, the second sentence of the same article prohibits the promotion of any other religion except Islam.[1] 11 of the 12 countries under study have a similar approach to religion, the exception being Turkey, where although followers of the Islamic religion represent the majority of the population, Turkey prefers the principle of religious secularism, and this is reinforced both in the preamble of the Constitution and in specific articles, for example, Article 24 of the Turkish Constitution.[2] This review aims to give the reader a general idea of the legal systems of the countries concerned with religion. More specifically, reviewing such legislative records that emphasize that Islam is the primary source of legislation is interesting. This connection with Islam is a direct declaration at the constitutional level that any legal act is strictly checked considering the dogmatics of Islamic law. In such countries as Palestine (Article 5 of the Constitution),[3] Kuwait (Article 2),[4] Egypt (Article 2),[5] the Republic of Somalia (Article 50),[6] Afghanistan (Article 3),[7] Yemen (Article 3),[8] Malaysia (Article 3)[9] Islam, in particular, Sharia, is mentioned as the main source of the country's legislation. Justice and equality are cited as the primary sources of legislation in Saudi Arabia,[10] which, in turn, must be consistent with Islam. According to the Iraqi[11] constitution, Islamic law is not indicated as the source of legislation, but it is declared that it is not allowed to adopt such a law against Islam. This is essentially the same as naming Islam as the source of legislation, although the connection with religion is more intense here, because the adoption of anti-Islamic legislation is presented in a negative light by the constitution. The constitution of Pakistan[12] also indicates a special connection with Islam, in which the rules and laws of the Islamic way of life are spelled out at the constitutional level; the link is even more extreme in the case of Iran. In the preamble of the Iranian constitution, it is stated in various terms that the entire constitution and Sharia constitute Islamic law based on two primary sources, the Qur'an and tradition.[13] The legislation fully complies with the principles of Islam. More specifically, Article 2 of the Constitution states that the Iranian state is based on the idea that there is one God to whom they are obliged and whose orders they must follow, that divine justice must be shown in the legislation. Although it is clear from the example of all ten countries how closely connected they are with Islam, it is still possible to notice the distinguishing marks of the degree of this connection outlined above. We do not find such a record in the Turkish constitution, which is obviously caused by its religious secularism. Although the article’s primary purpose is to focus on the judiciary, the reader must understand what type of states we deal with and how their connection is strengthened with Islam. Without this presentation, it will be impossible to talk about any constitutional institution, in this case, the judiciary.

Judiciary Systems

Although the above analysis has shown us that in the case of countries other than Turkey, the influence of Islam is quite considerable (in some cases significantly) on the legal world of the country, it would certainly be wrong to equate their legal institutions with each other. Therefore, at this stage, it is necessary to consider what kind of judicial systems are established in the studied countries. It should be noted as a standard feature that depending on the political ideologies and situation of the nations, military courts are very common. For example, the Palestinian judicial system consists of courts of first instance, followed by a “higher court” that combines the courts of appeal and cassation. There is a separate administrative court, which considers administrative and disciplinary issues separately (Article 102 of the Constitution).[14] There is also a Constitutional Court, whose authority is to determine the conformity of legislation with the Constitution and to adjudicate disputes before the General Courts and the Administrative Court (which court hears a particular case), as indicated by Article 103 of the Palestinian Constitution. The judicial system of Saudi Arabia is similar to this system,[15] with the difference that there is no such thing as a constitutional court, and the king is named as the highest person of the judiciary. As we can see, the judicial system is quite clearly established in Palestine, which cannot be said about Kuwait, where the chapter on the court in the constitution is limited only to general principles and does not specify what kind of judicial system the country has. Iraq has a more clearly established judicial system at the level of the Constitution than Palestine. In Article 89 of the Constitution, we find the exact names of the bodies that exercise judicial power. Their competencies are given in detail in the following articles. These bodies are the Supreme Council of Justice, the Federal Supreme Court, which combines the functions of the Constitutional Court, and the Court of Cassation. In the same article, the Department of Judicial Prosecution is allocated, which includes the Prosecutor's Office. This specificity is interesting that, unlike the previously discussed countries, the Prosecutor's Office is considered a part of the judicial system. Afghanistan’s case is similar to Iraq’s judicial system, although the prosecutor’s office is not considered a judicial authority here.[16] Like Iraq, the prosecutor’s office is a part of the judicial system, in the case of Egypt, where this system is detailed in the constitution. In the general court system, there is a separate court that hears only administrative appeals. In Egypt, too, we find the Constitutional Court, whose competencies are similar to the competencies of the courts of the previous countries. In the case of Somalia, there is a Supreme Court, which combines civil, criminal, and administrative courts and has the competencies of the Constitutional Court. The Constitution of Malaysia also mentions the Supreme Court, which is referred to as the country's highest judicial authority. Turkey has a fairly complete judicial system, there are state security courts that consider cases related to the country's territorial integrity. The highest judicial bodies are the Supreme Constitutional Court, the Court of Appeal, and the State Council, which is essentially a court of cassation. There is a separate Supreme Court of Auditors and a dispute settlement council, which deals with the disputes between courts on jurisdictions.[17][18]

This discussion shows that the court system in these countries is similar, but the serious differences we have already discussed are also apparent. In the end, it is important that the examples of the discussed countries have established judicial systems, which are more or less written at the level of the constitution, and this conclusion is necessary to approach the main goal of the study in more depth and to discuss the influence of Islam on these judicial systems.

Sharia Court - Pakistan

Although we have reviewed the judicial systems of specific countries in a general way using the method of comparative analysis above, it is necessary to single out the case of Pakistan. According to the constitution's text, there is a court of first instance and a highest instance, the exclusive competence of the highest instance includes the consideration of disputes between administrative and federal bodies. The main reason for the separate review of Pakistan's judicial system is the Federal Sharia Court, which combines the competencies of the Constitutional Court. The very name of the court suggests strict religious control. The court's primary goal is to determine the compliance of legislative acts with Islamic principles and traditions, Sharia. It has the power to declare void any act he deems inconsistent with Islam. The Sharia Court also has exclusive jurisdiction to hear special criminal cases. It should be noted that Pakistani society often protests the existence of this court, although the Sharia court remains the most crucial constitutional body exercising judicial power.[19]

Impact on Court Formation

We have already reviewed what judicial authorities exist in the studied countries, and we have also emphasized how closely the legislation of each country depends on Islam. As for the influence of Islam directly on the judicial systems of countries, it is logical that this influence will be directly proportional to the impact of Islam on the legislation, which we have already touched on in general. In its essence, the religion of Islam incorporates the functions of positive law, as evidenced by the existence of such an act as Sharia. Sharia outlines the basic principles of Islam, specific crimes, and their appropriate sanctions. For example, theft is punishable by amputation of the right hand. The given example is relatively humane in light of other reservations contained in the Sharia. However, an extensive discussion on Islamic law will not be relevant at this stage.

In the case of some countries, Islam has a direct influence on the formation of the judicial system itself, an example of this is even Pakistan mentioned above, where the highest federal court is known as the Sharia Court, which accommodates the competence of the Constitutional Court. However, it determines the conformity of legislation with Islamic law.

At the stage of discussing the influence of Islam on the formation of the judiciary, we should also mention the case of Iraq. In particular, we are talking about Article 92 of the Iraqi Constitution, which refers to the Federal Supreme Court. As mentioned above, this court combines the competencies of the Constitutional Court. The court's composition is significant, according to paragraph 2 of Article 92. The court consists of 5 judges, legal scholar-practitioners, and Islamic religious experts. In the constitution itself, there is a reference to the law that will regulate their number and the method of election. As we can see, the strong influence of Islam is noticeable not only at the implementation stage but also at the formation of judicial power in Iraq. Chapter 7 of the Constitution of Iran deals with the judiciary. There is no direct reference to the manner of formation of the court, although there is a separate Supreme Court of Iran, the way of formation of which is regulated by a separate law.[20] As in Iraq, in the composition of the court, here too, we find specialists of the Islamic religion, whose competence is to bring judicial analysis and decisions into conformity with the Sharia. There is also an interesting entry in the Palestinian constitution, namely Article 101, which states that Sharia regulates specific issues and it belongs to religious courts. The list of matters to be adjudicated by such courts is not given in the constitution and should probably be found in the specific normative acts of Palestine.[21] Similar issues may apply to inheritance law because in Islamic states, for example, in Kuwait, inheritance law is fully regulated by Islamic law i.e. Sharia (Article 18 of the Kuwaiti Constitution).[22]

In such countries as, for example, Egypt, Malaysia, and Somalia, the direct influence of Islam at the level of the constitution is not observed at the stage of the formation of the judiciary. The case of Afghanistan, which differs from the countries mentioned above, deserves attention. Article 118 of the Constitution lays down the qualifications and requirements for Supreme Court judges. For example, things like a good reputation and Afghan citizenship. In addition to such criteria, the Afghan constitution requires that a judge have a higher education in Islamic law. This case is quite specific because, unlike Iraq, the need for an Islamic expert in the judiciary is not directly established, although this constitutional reservation in Afghanistan implies that all judges of the Supreme Court must have in-depth knowledge of Islamic law.[23] This has a more significant impact on the formation of the judiciary than in the case of Iraq.

The case of Saudi Arabia is also specific, where the supreme judicial authority is the king, who is accountable to Allah and whose decisions must be in accordance with Islamic law. As for Turkey, it is not surprising that there is no entry in the constitution indicating any sign of its judicial system being influenced by the Islamic religion. This is not surprising, and the reasoning given in the previous chapters also shows this.[24]

Impact on the Exercise of Judicial Power

The influence on judicial power is understood as the influence on the formation of the court and the implementation of justice by the court. Above, we have already discussed the impact on the formation stage. Therefore, there may be a feeling that in such countries as, for example, Malaysia or Egypt, where we do not see a record at the level of the constitution, which does not directly emphasize Islamic requirements during the formation of the judiciary, there is no influence of Islam. Such a representation does not correspond to reality because in most countries under consideration, we must not forget that the direct, main source of legislation is Sharia. Furthermore, in the constitutions, we find entries that do not accentuate directly to judicial formation, although it is clear that Islam has a direct influence on the exercise of judicial power. First, I will review countries such as Egypt, Malaysia, and Somalia, because they are united by the fact that there is no direct influence of Islam at the stage of the formation of their courts. The case of Egypt is quite simple. In particular, there are no reservations about Islam in the head of the judiciary. However, court decisions must be in accordance with the law, and according to the constitution, the primary source of law is Islamic law. It should be noted here that, unlike other countries, the Egyptian constitution gives special advantages to Judaism and Christianity. These advantages are constitutionally spelled out in Article 3, which states that the source of legislation may also be the laws of these two religions. Regarding Somalia, it is worth noting an interesting note, namely Article 98 of the Constitution, which establishes the constitutionality of norms. Here, not only the compliance of specific norms with the constitution is implied, but also a direct reference to Islamic principles. Therefore, it is clear that the court, which establishes the constitutionality of the norm, is thoroughly guided by Islamic law. There is a similar arrangement in Kuwait and Iraq, where the source of legislation is Islamic law. The head of the Malaysian state is the Yang di-Pertuan Agong, i.e. king, who, like the king of Saudi Arabia, is responsible to God, Allah. The judicial power is subordinate to him. Therefore justice is in his hands, so the conclusion that the influence of Islam on the implementation of the judicial authority in this country is the greatest does not require special argumentation.[25]

On the example of the discussed countries, I will summarize once again that although the direct influence on the formation method is not felt in the given countries, it is a fact that Islam has a serious impact on the court. In fact, the state-level mechanism of human rights protection is fully adapted to the teachings of Islam. In the case of Palestine, we do not find a separate provision in the constitution, although it is enough to demonstrate the influence of Islam that the existence of church courts, which Sharia guides, is constitutionally established there.

Also interesting is the case of Afghanistan, where Article 119 of the Constitution provides for the oath taken by the judge of the Constitutional Court. The words of the oath are noteworthy when the judge swears before God that he will administer justice by following the laws of holy Islam.[26] There may be an opinion that taking an oath is a rather symbolic process that characterizes even the judges of secular states. However, in this case, the text of the oath is worth noting, in which an appeal is made to the laws of Islam. Therefore, it must be said that Islam greatly influences the implementation of judicial power in Afghanistan.

Such a direct and immediate influence is less noticeable in the Yemeni constitution, although this country also belongs to the number of countries where the source of legislation is the Sharia, so the court decision will not be inconsistent with Islam in any option, although it is also worth noting that the constitution does not establish the direct influence of Islam on the implementation of justice. The cases of similar countries may even allow positive readers to see some progress and perspectives.

It should not be surprising that in the constitution of a highly theocratic country - Iran, we see a separate norm that directly indicates the influence of Islam on the court. Such a norm is Article 170 of the Constitution, according to which the courts must refrain from making decisions that conflict with Islamic law. This restraint is an obligation, not a discretion. Moreover, any person can challenge any act against Islamic law in an administrative court. Also, interesting entries can be found in the constitution of Saudi Arabia, which formally differs little from the countries discussed and brings the judicial system closer to Islam. In particular, Article 46 of the Constitution states that the court is independent and cannot be influenced. However, it mentions Sharia as an exception, which can influence the administration of justice. Article 48 also reinforces the active use of Sharia in the justice process.[27] Above, there was already a separate discussion on the judicial system of Pakistan, the existence of the Sharia court does not require special justification, and it is clear that this court is nothing but the enforcement of Islamic law. Regarding Turkey, it can be said again that it maintains the principle of a secular state, and the influence of Islam on the constitutional level is also excluded.

Conclusion

As mentioned at the beginning of the article, the judiciary is one of the central guarantees of human rights protection. The topic of our research was not human rights in Islamic states. However, it should probably not be news to the readers that, unfortunately, there are many facts of gross violations of human rights in Islamic states. The article's purpose was to show that the strong influence of religious ideology on judicial systems can lead to such results, which are not so rare in the Islamic world. It is worth noting that 11 of the studied countries were purely theocratic countries, which declared Islam as the state religion. The 12^th country - Turkey - is a secular state. One might feel that discussing Turkey with these 11 countries was irrelevant. However, I would like to emphasize an important circumstance in this comparison. The majority of the population in Turkey (98%) are followers of Islam, the same as for example in Kuwait or Palestine. Still, despite this, this state was able to create a state closer to the concept of a legal state, independent of religious ideology. This indicates that the religious factor is not the only determining factor in forming a legal state. The majority of followers of a particular religion in the state does not mean (should not mean) such an influence of religion as in the 11 countries under review.

In other words, cases of violated human rights in the Islamic world are not only the “responsibility of Islam”. State institutions can exist independently even in a regime of strongly expressed religious dogma, and Turkey, with the majority of the Muslim population, is an example of this.

Despite the marked differences in the 11 countries discussed, it must be said that the influence of Islam on the judicial institutions is equally strong, although Iran, Saudi Arabia, Afghanistan, and Pakistan, where the Federal Sharia Court operates, stand out. Yemen can be considered relatively progressive, although seeing this progress also requires special efforts. Within the scope of this article, of course, the problem is not studied in depth, and it is limited to the level of the constitutions of the countries with the influence of Islam on the judiciary. I think that the position we have already expressed regarding the example of Turkey is progressive, and to eliminate the problem, the in-depth study and sharing of the model of Turkey will be effective.

The fact that the problem is urgent does not need to be mentioned anymore. The feeling of injustice in the Far and not-so-Far East reaches us. Whether we want it or not, we too find ourselves part of the protest, shocked by injustice because of Mahsa Amin. Girls cut their hair here as well as a gesture of solidarity. We must not forget that it is about human life and other important rights inherent in nature, not a particular state's beneficence. It is necessary to expand targeted studies in this direction, which will not simply reveal the facts of rights violations but instead focus more on the judicial processes before these facts. Unfortunately, international law is powerless in the face of such facts, because the main concept of international law is to regulate the legal relations and legal status of those countries to the extent that these parties themselves agree. The fact that stoning and mutilation of people is a legal sanction in certain countries, I think it is primarily a problem of law and not of religion because the law must protect a person, and when it is necessary, the law must protect a person even from a specific religion.

Bibliography

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2. Constitution of the Republic of Turkey [7.11.1982]. https://www.refworld.org/docid/3ae6b5be0.html [last seen: 30.11.2022].

3. Constitution of the State of Palestine [7 March 2003, revised in March 25,2003]. http://menarights.org/sites/default/files/2016-11/PAL_Constitution2003_EN_0.pdf [last seen: 30.11.2022].


4. Kuwaiti Constitution. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/kw/kw004en.pdf [last seen: 30.11.2022].


5. The Constitution of the Arab Republic of Egypt, 1971. https://constitutionnet.org/sites/default/files/Egypt%20Constitution.pdf [last seen: 30.11.2022].


6. Afghanistan’s Constitution https://www.constituteproject.org/constitution/Afghanistan_2004.pdf?lang=en [last seen: 30.11.2022].


7. Constitution of Yemen [16.05.1991]. http://hrlibrary.umn.edu/research/yemen-constitution.html [last seen: 30.11.2022].


8. Laws of Malaysia Federal Constitution https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf [last seen: 30.11.2022].


9. Saudi Arabia Constitution 1992https://www.legal-tools.org/doc/8942f2/pdf/ [last seen: 30.11.2022].


10. Iraq's Constitution Article 2. https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en [last seen: 30.11.2022].


11. The Constitution of the Islamic Republic of Pakistan. Article 2 [28.02.2012]. https://na.gov.pk/uploads/documents/1333523681_951.pdf [last seen: 30.11.2022].

12. Constitution of Islamic Republic of Iran 1979. https://www.constituteproject.org/constitution/Iran_1989.pdf [last seen: 30.11.2022].


13. Laws of Malaysia Federal Constitution https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf [last seen: 30.11.2022].

Footnotes

[1] The Federal Republic of Somalia, Provisional Constitution [01.08.2012]. http://hrlibrary.umn.edu/research/Somalia-Constitution2012.pdf [last seen: 30.11.2022].

[2] Constitution of the Republic of Turkey [7.11.1982]. https://www.refworld.org/docid/3ae6b5be0.html [last seen: 30.11.2022].

[3] Constitution of the State of Palestine [7 March 2003, revised in March 25,2003]. http://menarights.org/sites/default/files/2016-11/PAL_Constitution2003_EN_0.pdf [last seen: 30.11.2022].

[4] Kuwaiti Constitution. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/kw/kw004en.pdf [last seen: 30.11.2022].

[5] The Constitution of the Arab Republic of Egypt, 1971. https://constitutionnet.org/sites/default/files/Egypt%20Constitution.pdf [last seen: 30.11.2022].

[6] The Federal Republic of Somalia, Provisional Constitution [01.08.2012]. http://hrlibrary.umn.edu/research/Somalia-Constitution2012.pdf [last seen: 30.11.2022]

[7] Afghanistan's Constitution, 2004. https://www.constituteproject.org/constitution/Afghanistan_2004.pdf?lang=en [last seen: 30.11.2022].

[8] Constitution of Yemen [16.05.1991]. http://hrlibrary.umn.edu/research/yemen-constitution.html [last seen: 30.11.2022].

[9] Laws of Malaysia Federal Constitution 2009. https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf [last seen: 30.11.2022].

[10] Saudi Arabia - Constitution 1992https://www.legal-tools.org/doc/8942f2/pdf/ [last seen: 30.11.2022].

[11] Iraq’s Constitution 2005. Article 2. https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en [last seen: 30.11.2022].

[12] The Constitution of the Islamic Republic of Pakistan. Article 2 [28.02.2012]. https://na.gov.pk/uploads/documents/1333523681_951.pdf [last seen: 30.11.2022].

[13] Constitution of Islamic Republic of Iran 1979. https://www.constituteproject.org/constitution/Iran_1989.pdf [last seen: 30.11.2022].

[14] Constitution of the State of Palestine [7 March 2003, revised in March 25,2003]. http://menarights.org/sites/default/files/2016-11/PAL_Constitution2003_EN_0.pdf [last seen: 30.11.2022].

[15] Saudi Arabia - Constitution 1992. https://www.legal-tools.org/doc/8942f2/pdf/ [last seen: 30.11.2022].

[16] Iraq’s Constitution 2005. https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en [last seen: 30.11.2022].

[17] The Constitution of the Arab Republic of Egypt 1971. https://constitutionnet.org/sites/default/files/Egypt%20Constitution.pdf [last seen: 30.11.2022].

[18] Constitution of the Republic of Turkey [7.11.1982]. https://www.refworld.org/docid/3ae6b5be0.html [last seen: 30.11.2022].

[19] The Constitution of the Islamic Republic of Pakistan. Article 2 [28.02.2012]. https://na.gov.pk/uploads/documents/1333523681_951.pdf [last seen: 30.11.2022].

[20] Iraq’s Constitution 2005. https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en [last seen: 30.11.2022].

[21] Constitution of the State of Palestine [7 March 2003, revised in March 25,2003]. http://menarights.org/sites/default/files/2016-11/PAL_Constitution2003_EN_0.pdf [last seen: 30.11.2022].

[22] Kuwaiti Constitution. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/kw/kw004en.pdf [last seen: 30.11.2022].

[23] Afghanistan's Constitution 2004. https://www.constituteproject.org/constitution/Afghanistan_2004.pdf?lang=en [last seen: 30.11.2022].

[24] Saudi Arabia - Constitution 1992https://www.legal-tools.org/doc/8942f2/pdf/ [last seen: 30.11.2022].

[25] Laws of Malaysia Federal Constitution 2009. https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf [last seen: 30.11.2022].

[26] Afghanistan’s Constitution 2004. https://www.constituteproject.org/constitution/Afghanistan_2004.pdf?lang=en [last seen: 30.11.2022].

[27] Constitution of Islamic Republic of Iran 1979. https://www.constituteproject.org/constitution/Iran_1989.pdf [last seen: 30.11.2022].