Constitutionalism In Islamic Countries

Constitutionalism In Islamic Countries Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutionalism In Islamic Countries book. This book definitely worth reading, it is an incredibly well-written.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Rainer Grote,Tilmann Röder
Constitutionalism in Islamic Countries Between Upheaval and Continuity Book PDF

Author : Rainer Grote,Tilmann Röder
Publisher : Oxford University Press
Page : 768 pages
File Size : 52,5 Mb
Release : 2012-01-11
Category : Law
ISBN : 9780199910168

Get Book

Constitutionalism in Islamic Countries: Between Upheaval and Continuity by Rainer Grote,Tilmann Röder Pdf

Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."

Constitutionalism in Islamic Countries

Rainer Grote,Tilmann J. Röder
Constitutionalism in Islamic Countries Book PDF

Author : Rainer Grote,Tilmann J. Röder
Publisher : Unknown
Page : 730 pages
File Size : 50,8 Mb
Release : 2012
Category : Constitutional law
ISBN : 0190259922

Get Book

Constitutionalism in Islamic Countries by Rainer Grote,Tilmann J. Röder Pdf

This volume examines the question of whether something similar to an 'Islamic constitutionalism' has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law, and legal history.

Constitutionalism, Human Rights, and Islam After the Arab Spring

Rainer Grote,Tilmann J. Röder,Ali M. El-Haj
Constitutionalism Human Rights and Islam After the Arab Spring Book PDF

Author : Rainer Grote,Tilmann J. Röder,Ali M. El-Haj
Publisher : Oxford University Press
Page : 993 pages
File Size : 47,9 Mb
Release : 2016
Category : Law
ISBN : 9780190627645

Get Book

Constitutionalism, Human Rights, and Islam After the Arab Spring by Rainer Grote,Tilmann J. Röder,Ali M. El-Haj Pdf

Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This collection of essays, written by an expert team of constitutional and comparative law scholars and practitioners, provides an overview of the recent constitutional experience of Arab countries, explores the potential and actual impact of Islam and Sharia on the notion of modern cons.

Democracy under God

Dawood Ahmed,Muhammad Zubair Abbasi
Democracy under God Book PDF

Author : Dawood Ahmed,Muhammad Zubair Abbasi
Publisher : Cambridge University Press
Page : 233 pages
File Size : 43,9 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009325073

Get Book

Democracy under God by Dawood Ahmed,Muhammad Zubair Abbasi Pdf

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.

Religions and Constitutional Transitions in the Muslim Mediterranean

Alessandro Ferrari,James Toronto
Religions and Constitutional Transitions in the Muslim Mediterranean Book PDF

Author : Alessandro Ferrari,James Toronto
Publisher : Routledge
Page : 416 pages
File Size : 41,8 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317067115

Get Book

Religions and Constitutional Transitions in the Muslim Mediterranean by Alessandro Ferrari,James Toronto Pdf

This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.

Islam, Constitutional Law and Human Rights

Tommaso Virgili
Islam Constitutional Law and Human Rights Book PDF

Author : Tommaso Virgili
Publisher : Routledge
Page : 214 pages
File Size : 45,8 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780429535093

Get Book

Islam, Constitutional Law and Human Rights by Tommaso Virgili Pdf

This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

Democracy

Eugene Cotran,Adel Omar Sherif
Democracy Book PDF

Author : Eugene Cotran,Adel Omar Sherif
Publisher : BRILL
Page : 620 pages
File Size : 52,9 Mb
Release : 1999-01-01
Category : Religion
ISBN : 9041111859

Get Book

Democracy by Eugene Cotran,Adel Omar Sherif Pdf

This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.

The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran

Saïd Amir Arjomand,Nathan J. Brown
The Rule of Law Islam and Constitutional Politics in Egypt and Iran Book PDF

Author : Saïd Amir Arjomand,Nathan J. Brown
Publisher : State University of New York Press
Page : 346 pages
File Size : 48,7 Mb
Release : 2013-03-25
Category : Political Science
ISBN : 9781438445984

Get Book

The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran by Saïd Amir Arjomand,Nathan J. Brown Pdf

In recent years, Egypt and Iran have been beset with demands for fundamental change. The Rule of Law, Islam, and Constitutional Politics in Egypt and Iran draws together leading regional experts to provide a penetrating comparative analysis of the ways Islam is entangled with the process of democratization in authoritarian regimes. By comparing Islam and the rule of law in these two nations, one Sunni and Arab-speaking, the other Shi>ite and Persian-speaking, this volume enriches the current debate on Islam and democracy, making for a more nuanced understanding and appreciation of differences with the Muslim world, and provides an indispensible background for understanding the Green movement in Iran since 2009 and the Egyptian revolution of 2011

Theory and Practice in Islamic Constitutionalism

Pietro Longo
Theory and Practice in Islamic Constitutionalism Book PDF

Author : Pietro Longo
Publisher : Unknown
Page : 380 pages
File Size : 40,5 Mb
Release : 2019-04-22
Category : Religion
ISBN : 1463206933

Get Book

Theory and Practice in Islamic Constitutionalism by Pietro Longo Pdf

The present work deals with Islamic law and the law of the Muslim countries. More specifically, the author has studied the constitutional law of the Islamic legal tradition, starting from the perspective of the law of Caliphate. Moreover, this work focuses on the process of institutionalization, which, since the first half of 19th century, led to the adoption of civil law in both sunnī and sī'ī world. Further, this study combines different methodological approaches, based on Islamic law, analyzing sources in Arabic, especially classical and contemporary fiqh booklets, and also following the approach of comparative public law to highlight how modern Constitutions of Muslim countries differ from western constitutionalism.

The Concert of Civilizations

Jeremy Kleidosty
The Concert of Civilizations Book PDF

Author : Jeremy Kleidosty
Publisher : Routledge
Page : 260 pages
File Size : 53,9 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317037477

Get Book

The Concert of Civilizations by Jeremy Kleidosty Pdf

Are Western and Islamic political and constitutional ideas truly predestined for civilizational clash? In order to understand this controversy The Concert of Civilizations begins by deriving and redefining a definition of constitutionalism that is suitable for comparative, cross-cultural analysis. The rule of law, reflection of national character, and the clear delineation and limitation of governmental power are used as lenses through which thinkers like Cicero, Montesquieu, and the authors of The Federalist Papers can be read alongside al-Farabi, ibn Khaldun, and the Ottoman Tanzimat decrees. Bridging the civilizational divide is a chapter comparing the Magna Carta with Muhammad’sConstitution of Medina, as both documents can be seen as foundational within their traditions. For the first time in political theory, this text also provides a sustained, detailed analysis of Khayr al-Din al-Tunisi’s book The Surest Path, which explains his fusion of Muslim and Western ideas in his writing of Tunisia’s first modern constitution, which is also the first constitution for a majority-Muslim state. Finally, the book discusses the Arab Spring through a brief overview of the revolutions in Egypt, Libya, and Tunisia, and offers some early thoughts about Tunisia’s uniquely successful revolution.

Arab Constitutionalism

Zaid Al-Ali
Arab Constitutionalism Book PDF

Author : Zaid Al-Ali
Publisher : Cambridge University Press
Page : 333 pages
File Size : 49,6 Mb
Release : 2021-08-19
Category : History
ISBN : 9781108429702

Get Book

Arab Constitutionalism by Zaid Al-Ali Pdf

An insider's account and analysis of the largest concentration of constitutional reform since the end of the cold war.

African Constitutionalism and the Role of Islam

Abdullahi Ahmed An-Na'im
African Constitutionalism and the Role of Islam Book PDF

Author : Abdullahi Ahmed An-Na'im
Publisher : University of Pennsylvania Press
Page : 213 pages
File Size : 48,9 Mb
Release : 2010-11-24
Category : Political Science
ISBN : 9780812201116

Get Book

African Constitutionalism and the Role of Islam by Abdullahi Ahmed An-Na'im Pdf

Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

Positive Law from the Muslim World

Baudouin Dupret
Positive Law from the Muslim World Book PDF

Author : Baudouin Dupret
Publisher : Cambridge University Press
Page : 329 pages
File Size : 54,5 Mb
Release : 2021-06-24
Category : Law
ISBN : 9781108845212

Get Book

Positive Law from the Muslim World by Baudouin Dupret Pdf

Dupret explores how the concept of positive law operated in the Muslim world.

Constitution Writing, Religion and Democracy

Aslı Ü. Bâli,Hanna Lerner
Constitution Writing Religion and Democracy Book PDF

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 55,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X

Get Book

Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Democracy Under God

Dawood I. Ahmed,Muhammad Zubair Abbasi
Democracy Under God Book PDF

Author : Dawood I. Ahmed,Muhammad Zubair Abbasi
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2022
Category : Constitutional law
ISBN : 1316662616

Get Book

Democracy Under God by Dawood I. Ahmed,Muhammad Zubair Abbasi Pdf

"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 also show that Islam has not only been popularly demanded and introduced into constitutions during periods of 'democratisation' and 'modernisation', but also that constitutional Islamisation has frequently been accompanied by an expansion in constitutional human rights"--