Stát a moc v islámské právní kultuře – Osina Petr (2025)

This monograph, in Czech, analyzes the fundamental issues surrounding the functioning of the state in Islamic countries. Constitutionalism as a political doctrine seeks to limit governmental power through laws and principles that protect individual rights and ensure accountable government. While its basic objective is shared by all political systems, its theoretical foundations and practical manifestations differ significantly between the Western and Islamic traditions. Western constitutionalism emerged from Enlightenment ideas and emphasizes secularism, individual rights, and the rule of law derived from popular sovereignty. Islamic constitutionalism, by contrast, is rooted in the Quran, the Sunnah, and centuries of Islamic jurisprudence, combining divine authority with legal and political governance. After a brief historical overview of developments in the nineteenth and twentieth centuries, the author examines the role of religious law in the exercise of state power. Further sections explore the separation of powers and present the most important systems of government in the Muslim world. Separate chapters address constitutional review, the protection of human rights, and the international-law aspects of state power.