QUALIFICATION, DUTIES AND MODE OF APPOINTING HEAD OF STATE IN ISLAMIC CONSTITUTIONAL LAW; THE VIEWS OF THE FOUNDERS OF THE SOKOTO CALIPHATE

Perhaps the most important specific contribution of Islam to constitutional theory is the integration and harmonization of the executive and legislative arms of government. A sharp division of powers between the legislature and the executive, under the American Presidential system is considered to be the effective safeguard against possible abuse of power by the executive. The merit of this division, it is argued, is, “by according the legislature the attribute of sovereignty and thus placing it in a position of control over the day to day working of the executive, the latter is undoubtedly held in check and prevented from exercising its power in an irresponsible manner.”! It is also undoubtedly true that this radical separation of powers between the executive and the legislature greatly hampers the operation of the government in times of national emergency when executive decisions have to be decisive, then by placing the state at obvious disadvantage vis-a-vis states governed autocratically.