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Author : Said Amir Arjomand,Nathan J. Brown
Publisher : SUNY Press
Page : 346 pages
File Size : 43,7 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9781438445977
Comparative study of Islam and the rule of law in Egypt and Iran.
Author : Eugene Cotran,Adel Omar Sherif
Publisher : BRILL
Page : 612 pages
File Size : 51,9 Mb
Release : 2023-10-16
Category : Law
ISBN : 9789004635012
Author : Clark Lombardi
Publisher : BRILL
Page : 319 pages
File Size : 47,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789047404729
This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.
Author : Nathan J. Brown
Publisher : Cambridge University Press
Page : 278 pages
File Size : 51,9 Mb
Release : 1997-06-26
Category : Law
ISBN : 9780521590266
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses several important questions. Why, for example, did Egypt's political leaders construct an independent judicial system that limited their own authority? And why does such a system appeal to Arab rulers outside Egypt? While most accounts stress the role of imperialism or liberal ideology, the author maintains that the primary purpose of the system is to provide support for the officially sanctioned order. The model offers similar attractions for other Arab rulers. From the theoretical perspective, the book will contribute to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be read by scholars of the Middle East, law students and those interested in the history of law and its evolution.
Author : Dawood Ahmed,Muhammad Zubair Abbasi
Publisher : Cambridge University Press
Page : 233 pages
File Size : 53,9 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009325073
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.
Author : Eugene Cotran,Mai Yamani
Publisher : I.B. Tauris
Page : 200 pages
File Size : 45,8 Mb
Release : 2000-06-08
Category : Religion
ISBN : STANFORD:36105110348195
Since the Universal Declaration of Human Rights, much attention has been focused on an international standard on human rights applicable to all cultures. But is this standard observed by Middle Eastern and Islamic governments and enforced by their judiciaries? In this country-by-country survey, a range of distinguished scholars, practitioners and judges explore how the concepts of ""the Rule of Law"" and ""Human Rights"" are being debated and applied in the Middle East.
Author : Shahrough Akhavi
Publisher : SUNY Press
Page : 284 pages
File Size : 41,5 Mb
Release : 1980-01-01
Category : History
ISBN : 0873954084
Indispensable for understanding the recent conflicts in Iran, Religion and Politics in Contemporary Iran provides a political history of the fluctuating relationships between the Islamic clergy and Iranian government since 1925. How different factions of the clergy, or ulama first lost and then regained a powerful position in Iran is the subject of this book. Akhavi analyzes how various factions within the clergy have responded to the government's efforts to encourage modernization and secularization, giving particular attention to the changes in the madrasahs, or theological colleges. He examines the main themes of the AyatullaH Khymayni's book, Islamic Government, and concludes by examining the alignments among the clergy in the past that indicate how they may develop in the future.
Author : Farshad Malek-Ahmadi
Publisher : Springer
Page : 221 pages
File Size : 43,7 Mb
Release : 2016-04-08
Category : Social Science
ISBN : 9781137413949
An inquisitive socio-historical analysis of the long road Iran has traveled in quest of constitutionalism and democracy. The book explicates the paradox that after over a hundred years of struggle for freedom, the Iranian people currently have less of it than they did a hundred years ago at this time.
Author : Mehran Kamrava
Publisher : Hurst Publishers
Page : 378 pages
File Size : 41,5 Mb
Release : 2023-05-26
Category : Political Science
ISBN : 9781805260936
This book presents a comprehensive, detailed analysis of the establishment, evolution and current significance of different institutions in today’s Islamic Republic of Iran. The volume draws on the insights of a number of Iran experts to examine their establishment, functions and evolution, as a means of understanding Iranian politics and society. The Sacred Republic‘s specific focus is on the key formal institutions of the state through which the Islamic Republic exercises power, namely the velayat-e faqih: the judiciary, the presidency, the parliament, elections, the Revolutionary Guards, and the foreign policy establishment. Despite significant work on Iranian politics in recent decades, few studies have focused on state institutions, their resilience, or the reasons for and manner of institutional change. Through historical institutionalism and comparative historical analysis, the contributors to this book together fill a glaring gap in the study of Iran’s political institutions, offering significant insights for the theoretical literature on comparative politics, Middle Eastern politics, and Iranian Studies.
Author : Anne Stensvold
Publisher : Routledge
Page : 284 pages
File Size : 42,6 Mb
Release : 2020-11-29
Category : Religion
ISBN : 9781000291865
This volume examines both historical developments and contemporary expressions of blasphemy across the world. The transgression of religious boundaries incurs more or less severe sanctions in various religious traditions. This book looks at how religious and political authorities use ideas about blasphemy as a means of control. In a globalised world where people of different faiths interact more than ever before and world-views are an increasingly important part of identity politics, religious boundaries are a source of controversy. The book goes beyond many others in this field by widening its scope beyond the legal aspects of freedom of expression. Approaching blasphemy as effective speech, the chapters in this book focus on real-life situations and ask the following questions: who are the blasphemers, who are their accusers and what does blasphemy accomplish? Utilising case studies from Europe, the Middle East and Asia that encompass a wide variety of faith traditions, the book guides readers to a more nuanced appreciation of the historical roots, political implications and religious rationale of attitudes towards blasphemy. Incorporating historical and contemporary approaches to blasphemy, this book will be of great use to academics in Religious Studies and the Sociology of Religion as well as Political Science, Media Studies, History.
Author : Mehran Kamrava
Publisher : Cambridge University Press
Page : 411 pages
File Size : 45,7 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781009362030
"Drawing on extensive fieldwork and rare primary sources, Mehran Kamrava provides a comprehensive, accessible analysis of the formal and informal institutions through which the Iranian state exercises power. Highlighting the nuances of Iranian politics, Kamrava shows how factional politics and rentierism serve to enhance state resilience"--
Author : Azin Tadjdini
Publisher : Routledge
Page : 146 pages
File Size : 43,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429576584
During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.
Author : Mehran Kamrava
Publisher : Cambridge University Press
Page : 365 pages
File Size : 40,5 Mb
Release : 2024-05-09
Category : Political Science
ISBN : 9781009460873
This study provides a comprehensive examination of the evolution of Islam as a ruling framework in postrevolutionary Iran up to the present day. Beginning with the position and structure of Iran's clerical establishment under the Islamic Republic, Kamrava delves into the jurisprudential debates that have shaped the country's political institutions and state policies. Kamrava draws on extensive fieldwork to examine various religious narratives that inform the basis of contemporary Iranian politics, also revealing the political salience of common practices and beliefs, such as religious guardianship and guidance, Islam as a source of social protection, the relationship between Islam and democracy, the sources of divine and popular legitimacy, and the theoretical justifications for religious authoritarianism. Providing access to many Persian-language sources for the first time, Kamrava shows how religious intellectual production in Iran has impacted the ongoing transformation of Iranian Shi'ism and ultimately underwritten the fate of the Islamic Republic.
Author : Erin F. Delaney,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 47,9 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788110600
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author : Mehran Kamrava
Publisher : Oxford University Press
Page : 480 pages
File Size : 47,6 Mb
Release : 2014-12-15
Category : History
ISBN : 9780190257385
The Arab Spring occurred within the context of the unravelling of the dominant 'ruling bargain' that emerged across the Middle East in the 1950s. This is being replaced by a new and in- choate system that redefines sources of authority and legitimacy through various devices (such as constitutions), experiences, and processes (mass protests, civil wars, and elections), by reassessing the roles, functions, and at times the structures of institutions (political parties and organisations, the armed forces, the executive); and by the initiative of key personalities and actors (agency). Across the Arab world and the Middle East, 'authority' and 'political legitimacy' are in flux. Where power will ultimately reside depends largely on the shape, voracity, and staying power of these new, emerging conceptions of authority. The contributors to this book examine the nature and evolution of ruling bargains, the political systems to which they gave rise, the steady unravelling of the old systems and the structural consequences thereof, and the uprisings that have engulfed much of the Middle East since December 2010.
