Özet:

A rulership is a political institution that has the authority to govern the institutions and governmental bodies accordingly that affect the society directly or indirectly, behaviours and tendencies that determine the social, political, financial fields and to make binding decisions in many other social relationships. Also, it has the authority to apply sanctions to those non-conformists and furthermore, keep the legislation to use force. How to limit, balance, or prevent abuse of these powers, who have broad authorities, has been the subject of scrutiny by various political theorists. Islamic jurists, who have studied the phenomenon of power within the framework of the concepts of the Imamate (Imāma) and the caliphate, have defined a number of principles on how to establish a legitimate power, how to use the authority of power within the scope of legitimacy, and what measures to apply if it goes beyond the scope. These principles include both theoretical and practical preventive tenets and supervisory institutions against the abuse of power problem. According to this, both the governing or governed sides of the power relationship are the parties responsible for the address of the Legislator (Sharī‘a). Sharī‘a provisions, which are the result of the address of the Legislator (Sharī‘ā), restrict the behaviors of all taxpayers as well as the practices of those who use the power of authority. For this reason, it is not possible to talk about a power equipped with absolute authority in Islamic legal thought. In addition, according to Islamic jurists, who define the pledge contract, which is the founding contract of the power, as a contract based on mutual consent without any pressure or coercion, authority is a right that belongs to the ummah. The sharī‘a rule, which the rulers are also obliged to abide by, makes the establishment of power dependent on the consent and approval of the governed. Nothing can be acquired without the consent of the owner, nor can it be obtained without the consent and approval of the ummah, who also has power, or the people of Ahl al-ḥall wal-‘aqd (lit. the people of loosing and binding), who are also in power. Accordingly, the founding element of the power is the ummah - in terms of origin. For this reason, the ummah has the right to control the power of which it is the founder. The ummah can use this right individually or collectively. Based on these and similar principles, a number of mechanisms controlling those who exercise power in Islamic legal literature; civil, political and legal institutions emerged. There are a number of examples in which the ṣahāba community directly accounted for and supervised Rashidūn Caliphates during the Age of Gold (al-‘Asr al-Ṣa‘āda). As it was experienced in the election of the first caliph, two blocks were formed in the form of Anṣar and Muhājir, which had different proposals about who the caliph would be. Similar blockades in many other events resulted in the emergence of various tendencies and schools with different factors and motives in later periods, and these schools turned into political currents that would be referred to as political sects in time. In the field of judiciary, it had turned into a private judicial institution that oversaw the practices of the government or public officials, which was realized as the supervision of the state officials appointed by the head of state during the period of the Prophet and the Rashidun Caliphates, and which would become more institutionalized in the following periods and would be referred to as a cruelty court in the literature. In this study, tenets and institutions to prevent abuse of power will be tried to be identified, based on the principles laid down by classical and contemporary faqīh and theorists.

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