The Question of Constituent Power in Modern Islamic Thought

Abstract Constituent power refers to the original source of legitimate government, the right to authorize the exercise of political power, or the authority to create a new constitutional order. Modern Islamic legal and political theory has also struggled with the concept of constituent power (al-sulṭa al-taʾsīsiyya). On the one hand, most Islamic political doctrines hold that governance itself is divinely ordained, and specific offices or forms of government are also required by the divine law. On the other hand, modern Sunni political thought has sought to deepen its commitment to popular sovereignty and the ultimate authority of the people over public institutions. This has led to a debate in modern Islamic thought about the scope of constituent power: are specific offices and institutions ordained by God, thus locating all constituent power in the interpretation of divine law, or are powers to create and authorize new institutions assigned to other agents?