The Concept of Exception for State Authorities in Islam: A Research and Critical Analysis in the Light of the Qur’an and Sunnah

اسلام میں حکام ریاست کے لیے استثناء کا تصور قرآن و سنت کی روشنی میں تحقیقی و تنقیدی تجزیہ

Abstract

The survival of human society depends upon justice and equity. Islam established a legal system in which all individuals are equal before the law and no person is granted superiority because of authority or position. However, within Pakistan’s constitutional framework, the issue of immunity granted to high-ranking state officials raises important legal and ethical concerns. Article 248 of the Constitution previously provided immunity to the President, Governors, and the Prime Minister. Through the 27th Constitutional Amendment (2025), instead of abolishing these privileges, the immunity of the President has been extended to a lifelong status, continuing even after the completion of the term of office. Similarly, amendments to Article 243 have granted lifelong immunity to the Field Marshal, Marshal of the Air Force, and Admiral of the Fleet. These developments appear to contradict the principle of equality before the law and the concept of justice emphasized in Islamic teachings. This study examines the concept of immunity from the perspective of Islamic law by analyzing the Qur’an, Sunnah, the practices of the Rashidun Caliphate, and the opinions of classical and contemporary scholars. Using a qualitative, historical, and analytical methodology, the research evaluates the constitutional provisions of Pakistan and compares them with Islamic legal principles. The study concludes that absolute or lifelong immunity for rulers has no clear justification in Islamic law and undermines the principles of justice and accountability.