Pubmedia Social Sciences and Humanities
Vol. 3 No. 4 (2026): April

The Flogging of the Imams and the Forging of Islamic Constitutionalism

Kurniawan Arif Maspul (Al Madinah International University, Malaysia)
Hasbi Yusron (Islamic University of Madinah)
Aditia Nugraha (Islamic University of Madinah)



Article Info

Publish Date
21 May 2026

Abstract

This study examines the foundational struggle between independent jurists and caliphal power during the Umayyad–Abbasid transition as a critical juncture in Islamic political thought. Through a qualitative historical-comparative analysis that process‑traces the principled resistance of Imams Abū Ḥanīfa and Mālik ibn Anas, it demonstrates how their refusal of state appointments, endurance of torture, and assertion of law above the ruler forged an enduring “separation of powers.” The analysis reveals that their stances institutionalised the ulama as autonomous guardians of Sharia, insulating legal pluralism—the four Sunni schools—from executive manipulation and creating a proto‑constitutional order centuries before Western analogues. The study further traces how this dynamic shaped legitimacy bargains, financial independence, and the soft power of transnational scholarly networks, yielding a normative architecture that constrained tyranny and preserved a vibrant legal tradition. Contemporary implications are drawn for judicial independence, academic freedom, and accountable governance in Muslim‑majority states, anchoring global rule‑of‑law principles in indigenous Islamic heritage.

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Journal Info

Abbrev

pssh

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Physics Social Sciences

Description

With prospective papers from prolific researchers in their respective areas. The research reports enable the demonstration of descriptive studies in current trends in the society and observation reflected through field research that gives contributive impact to the development of humanities ...