A Comparative Study of the Separation of Powers in the Thought of Ibn Khaldun and Montesquieu

The theory of "separation of powers" is one of the most important theories and concepts in public law. Many authors have called this theory one of the most important means of restraining power. The basis of this theory is that each power system must have a specific task and not interfere with other powers’ particular affairs. Some have considered Montesquieu, the philosopher and the famous French lawyer of the eighteenth century, as the creator of the theory of separation of powers, but scholars such as Plato, Aristotle, Hugo Grotius, Pufendorf, and Jean Bodin are among the scholars who have spoken before about this. This theory is also reflected in the thought of Ibn Khaldun, who lived centuries before Montesquieu. Although Ibn Khaldun has not discussed the colloquial concept of “separation of powers”, he has spoken clearly about the necessity of separating the triple tasks and the limitation of power. After looking at the notion of "separation of powers", the author has made a comparative study of this subject in Ibn Khaldun and Montesquieu's thought, having a documentary and comparative approach. The novelty of this study is that it has corrected the common mistake made by Ibn Khaldun in his acceptance of the theory of "separation of powers" and proposed his correct theoretical form (acceptance of division of labor and distribution of duties) by citing his written works.