Democracy Under God

Erscheinungsjahr 2023
ISBN: 978-1-107-15805-4
Verlag: Cambridge University Press

Buch, Englisch, 225 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 481 g

Reihe: Comparative Constitutional Law and Policy

The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.

Autoren/Hrsg.

Ahmed, Dawood

Abbasi, Muhammad Zubair

Fachgebiete

• Rechtswissenschaften Öffentliches Recht

Inhaltsverzeichnis

Introduction; Part I. 1. Islamic constitutionalism: origins and present; 2. What is an Islamic constitution?; Part II. 3. Constitutional Islamisation and Islamic supremacy clauses; 4. Case studies; Part III. 5. Islamic supremacy clauses and rights – Islamic review in practice; Conclusion.

Über Autor(innen)

Ahmed, Dawood
Dawood Ahmed is a research fellow at the Comparative Constitutions Project and has worked with the United Nations and the Max Planck Foundation for International Peace and the Rule of Law on constitutional design projects. He has published several journal articles on public international law and constitutional Islam and has authored opinion pieces for the popular press.

Abbasi, Muhammad Zubair
Muhammad Zubair Abbasi is a Lecturer at Bradford University. His research focuses on the relationship between shari'a and state law, Islamic law and jurisprudence (usul al-fiqh) in the contemporary world, and comparative law, family law, and constitutional law. He is an editor for Harvard Law School's SHARIAsource and associate editor of the Yearbook of Islamic and Middle Eastern Law.