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"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"--
List of contents
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.
About the author
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.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.
Summary
This book employs an interdisciplinary approach to understanding the origins and role of Islam in constitutions of Muslim-majority states. It explains how and why Islam became constitutionally entrenched in some states and expands on the relationship between colonialism, constitutional Islam, secularism and human rights.
Foreword
Empirically analyzes Islam and human rights in constitutions of Muslim-majority states and theorizes why some adopted Islam in their constitutions.
