The Extent of Consideration to Islam as a Source of Legislation in the Constitution of Islamic Countries; from Structure to Norm

Considering the fact that the basic laws of Islamic countries are based on Islamic rules, examining their fundamental rights is of special importance. The legal system of Islamic countries can be considered form two structural and normative dimensions. Hence, although these countries are basically governed by the Islamic law and shari’a, the issue about their fundamental rights is that these countries, especially in the structural dimension and sometimes in the normative dimension, are influenced by their model governments which have their roots in history (resulting from Shiite-Sunni tendencies) or are dependent on one of the existing systems of fundamental rights (common law, Roman-German, or a combination of the two systems). Therefore, although the system of fundamental rights of Islamic countries are basically Islamic, they are faced with different structures and sometimes different norms, and what can be mentioned as a result of the discussion is that the Islamic Republic of Iran, with its system of religious democracy and as a country which is successful in Islamic legislation and monitoring it, can be a model for other Islamic countries, a model in which the living conditions of the new world are considered, and Islam, as a fundamental pillar of an Islamic state, has spread in all legal areas.