Islamic law and the spheres of freedom

The ability of Muslim jurists to keep the sultan out of the legislative process throughout Muslim history is discussed in this chapter. It focuses on the consequences of the Muslim jurists’ success in maintaining their autonomy through their collective power to promulgate Islamic law. Not only did the Muslim jurists acquire the power to check state actions and limit its influence on legal and constitutional matter, they were also successful in keeping civil society vibrant and independent of state power by developing the institution of waqf (public trust) and protecting it from external interferences by political and social actors. The waqf institution also helped the jurists to maintain financial independence as it provided funding to social and public services, including setting schools, paving roads, and circulating wealth to less fortunate social classes.