| Description |
1 online resource (xxiv, 730 pages) |
| Contents |
Cover; Contents; Preface; Editors' Note on the Transliterations; Introduction; PART 1: CONSTITUTIONALISM AND ISLAM: CONCEPTUAL ISSUES; 1.1 Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law; I. Overview; II. Theoretical Issues; III. The Islamic System of Rule; IV. Conclusion; 1.2 The Centrality of Sharī'ah to Government and Constitutionalism in Islam; I. Introduction; II. The Notion of Constitutionalism and Majoritarian Democracy; III. The Main Concepts of Islamic Political Thought: A Government Bound by Rule of Law; IV. Justice as a Core Constitutional Value |
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V. The Instrumentalities of Government in Islamic ThoughtVI. The Possibility of Individual Rights; VII. Constitutionalism and Sharī'ah; 1.3 The Separation of Powers in the Tradition of Muslim Governments; I. Introduction; II. Separation of Powers from the Perspective of Islamic Tradition; III. Contemporary Questions in Islamic Constitutionalism; IV. Conclusion; PART 2: INTERRELATIONS BETWEEN CONSTITUTIONALISM AND SHARĪ'AH: ANTAGONISM OR COMPLEMENTARITY?; 2.1 Constitutionalism in Islamic Countries: A Survey from the Perspective of International Law; I. Introduction |
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II. The Historical Development of the Relationship Between Islamic Law and International LawIII. Reference to Human Rights and International Law in the Constitutions of Islamic States; IV. The Impact of the Sharī'ah on the Ratification of International Human Rights Treaties; V. Conclusion; 2.2 The Limited Applicability of Sharī'ah under the Constitution of Nigeria; I. Introduction; II. History and Nature of Nigeria: In a Nutshell; III. Application of Sharī'ah in Nigeria: Before and During the British Colonial Rule |
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IV. The "Sharī'ah Question" in Nigeria: The Great Debate on the Application of Sharī'ah since the 1960sV. The 1999 Constitution of Nigeria and Sharī'ah; VI. Conclusions; 2.3 Constitutionalism in the Maghreb: Between French Heritage and Islamic Concepts; I. Introduction; II. Constitutions in the Maghreb-Historical Precedents; III. Maghreb Constitutions and the Rule of Law-A Difficult Relationship; IV. The Role of Islam and Islamic Law in the Constitutions of the Maghreb; V. The Impact of French Heritage; 2.4 The Relationship between the Constitution and the Sharī'ah in Egypt |
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I. Religion and SocietyII. Secularism and Limiting the Power of the Clergy; III. The Case of Egypt; IV. Islamic Norms Gain Constitutional Value: A Modern Trend toward Integration; V. The Judicial Contribution to the Debate; VI. The Supreme Constitutional Court and Art. 2 of the Constitution; VII. Conclusion; 2.5 Secularism in Islamic Countries: Turkey as a Model; I. Introduction; II. The Development toward Secularism since the Nineteenth Century; III. The Distinct Character of Turkish Secularism; IV. The Turkish Constitutional Court as Defender of Assertive Secularism |
| Summary |
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 |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Constitutional law -- Islamic countries
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Constitutional law (Islamic law)
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Law -- Islamic influences.
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Constitutional law
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Constitutional law (Islamic law)
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Law -- Islamic influences
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Islamic countries
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| Form |
Electronic book
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| Author |
Grote, Rainer
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Röder, Tilmann J
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| ISBN |
9780190259921 |
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0190259922 |
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